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North Carolina has a specific law governing workers’ compensation claims called The North Carolina Worker’s Compensation Act. This law is subject to change by the North Carolina Legislature, so it is vital to be aware of the latest changes which might affect a claim. The attorneys at the Law Offices of Jason E. Taylor in Charlotte, Hickory, and Greenville have years of experience with North Carolina workers’ compensation law and keep track of the latest developments in the law to help you get the best result possible for your claim.
That said, there are a few basic guidelines anyone with a potential workers’ compensation claim in North Carolina should know.
The North Carolina Workers’ Compensation Act does not cover all injuries at work. There are specific basic requirements the injured workers should know.
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What Employers are Required to Have Workers Compensation Coverage?
In North Carolina, an employer that regularly employs three (3) or more employees must have workers’ compensation insurance to cover their employees. However, the law exempts certain employers from carrying workers’ compensation insurance, such as certain agricultural operations and “casual employment.”
Our experienced attorneys can review the facts of a case to determine if an employer has to carry workers’ compensation coverage for its employees, and therefore a claim can be filed.
Which Employees are Covered by Workers’ Compensation Law in North Carolina?
If an employer is required to carry workers’ compensation insurance coverage for its employees, all employees are usually covered, including temporary staffing agencies and part-time employees. Under certain situations, an employee may not be covered, such as when an employee is a domestic servant, not working for a company or seasonal farmworkers. Also, Federal Employees are covered by a Federal workers’ compensation law and do not have a claim under North Carolina Workers’ Compensation law.
If you are uncertain whether you are eligible to file a workers’ compensation claim, you should consult an experienced attorney to review your situation.
What Types of Injuries Does Workers’ Compensation Cover?
The North Carolina Workers’ Compensation Act covers certain types of injuries, and hurting yourself at work does not mean you have a valid claim. Common accidents resulting in workers’ compensation claims include:
- Falls from ladders or tall heights
- Slip and fall injuries
- Injuries due to machine malfunctions
- Being struck by an object
Injuries to the back or neck are treated a bit differently under North Carolina law. To have a claim, employees must show that the injury resulted from a specific traumatic incident, such as lifting something very heavy.
Timeline to File a Workers Compensation Claim in North Carolina
If you are hurt at work, you should notify your employer as soon as possible and comply with whatever reporting requirements they have, such as completing a written report. Not telling an employer about an injury could also jeopardize your claim.
If you feel you have a workers’ compensation claim, you should file the claim promptly. There is a form called Form 18, which you should file with the North Carolina Industrial Commission, the government agency that oversees workers’ compensation claims. Even if you notified your employer promptly or your supervisor witnessed your accident, you should still file a claim. An employer should provide the employee with Form 18, but never assume your employer or the insurance company will do so. Many employers do not know how to address workers’ compensation claims, and an injured worker should always make sure their claim is being processed.
In North Carolina, you have 30 days to file a claim for your injury, and your claim may be denied for failure to do so. If you are in Charlotte, Hickory, Greenville, North Carolina, or Rock Hill or Columbia, South Carolina, the attorneys at The Law Offices of Jason E. Taylor can help you with properly filing a North Carolina workers’ compensation claim. We’ll ensure your claim gets the attention it deserves from the workers’ compensation insurance company.
Representatives at our firm are on call 24/7 to assist you. We will help you set up a free, no-obligation quote. Let us supply you with the guidance and expert representation you need.
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