Understanding Workers’ Compensation and Its Process
The North Carolina Workers’ Compensation Act requires employers with three or more regular employees to have workers’ compensation insurance. This law applies to nearly all employers in Statesville, regardless of their industry or business type. There are situations where an employer must provide workers’ compensation coverage irrespective of the number of employees, such as businesses where employees are exposed to radiation.
Certain industries are exempt from this requirement, including casual employees, domestic help, certain railroad employees, federal government employees in North Carolina, and some agricultural workers.
Employers who fail to carry the required workers’ compensation insurance may face fines or even imprisonment.
Steps to Take If Injured at Work in Statesville
If you are injured at work in Statesville, you must inform your employer promptly. Keep a daily record of your injury and symptoms. Seek medical attention immediately, even if you think the injury is minor, as minor injuries can become serious. If your claim is complicated or has been denied, contact the Statesville workers’ compensation attorneys at the Law Offices of Jason E. Taylor P.C. as soon as possible.
Common Obstacles in Workers’ Compensation Claims
When filing a workers’ compensation claim in Statesville, be aware of potential challenges. Not all claim denials are unjustified. Denials can occur if an employee’s injuries resulted from intentional acts, horseplay, or activities under the influence of drugs or alcohol. Other denials happen due to employee oversight, such as not notifying the employer on time, not following the prescribed treatment, or making errors on forms.
Sometimes, the insurance company may make a mistake. These companies aim to minimize payouts and may claim your injuries are exaggerated, preexisting, or not work-related. They might clear you to return to work even if you disagree or argue that you are an independent contractor instead of an employee.
Do You Need a Workers’ Compensation Attorney in Statesville?
If your claim is denied, consult with our Statesville workers’ compensation lawyers immediately. Navigating the legal process alone can risk your right to benefits. An experienced attorney can help you secure the compensation you deserve.
The Role of the North Carolina Industrial Commission (NCIC)
The NCIC oversees the North Carolina Workers’ Compensation Act and handles disputed claims by recommending mediation and providing impartial decisions. It also investigates alleged violations and offers employer training to reduce workplace accidents. The NCIC can facilitate medical care and rehabilitation for injured workers when needed.
Applying for Workers’ Compensation in Statesville
Report any work-related injury or illness to your employer and seek medical treatment right away. Your employer should provide information on the company’s workers’ compensation process. Inform the doctor that your injury or illness is work-related and provide your employer’s contact information for billing purposes.
You must give written notice to your employer within 30 days. Keep a copy of this notice for your records. If you have additional evidence, such as photos, maintain copies in your records. Follow the treatment plan provided by your workers’ compensation doctor to avoid claim denial.
Filing Deadlines for Workers’ Compensation Benefits
You must notify your employer within 30 days of the accident. Filing a Form 18 with the NCIC often meets this requirement. The statute of limitations for workers’ compensation claims is two years. Without a Form 18 on file with the NCIC within this period, you lose your right to benefits.
What to Do If Denied Workers’ Compensation Benefits
If your claim is denied, don’t panic. Denial doesn’t mean you won’t receive benefits. You have several appeal options, but the time to act is limited. Contacting an attorney promptly is crucial.
Frequently Asked Questions
Prospective clients often have many questions about workers’ compensation benefits. Here are answers to some common questions:
Can You Be Laid Off While on Workers’ Compensation?
In Statesville, you cannot be fired for filing a workers’ compensation claim or in retaliation. However, you can be terminated for legitimate reasons while receiving benefits. If your injury led to a layoff, you might be eligible to reinstate temporary total or partial disability benefits.
Can You Sue if You Accept Workers’ Compensation?
Generally, you cannot sue your employer while receiving workers’ compensation benefits. However, you might have grounds to sue a third party responsible for your injuries. For example, if you were in a car accident while working, you could file a lawsuit against the driver responsible.
Does Workers’ Compensation Always Offer a Settlement?
Receiving benefits doesn’t guarantee a settlement offer. Not all cases in Statesville settle, and you cannot force the workers’ compensation insurance carrier to settle. Depending on your situation, it might be better to keep your case open. Sometimes, the insurance company may offer a lump sum to close your case, which means you cannot seek additional money or benefits in the future if problems arise.
Do I Have To Pay Tax on a Workers’ Compensation Settlement?
No, workers’ compensation benefits are not taxable on federal or North Carolina state taxes. This also applies to lump sum settlements. However, if you receive Social Security Disability (SSD) benefits simultaneously, there may be an offset (reduction) of SSD benefits.
Do You Have To Prove Employer Negligence in Statesville?
No, you do not need to prove employer or co-worker negligence. Even if your negligence contributed to your injury, it doesn’t count against you. The workers’ compensation system is a no-fault program to ensure you receive benefits for on-the-job injuries or illnesses.
Contact Our Workers’ Compensation Attorneys in Statesville, NC
If you have questions about filing a workers’ compensation claim, contact the Statesville workers’ compensation lawyers at the Law Offices of Jason E. Taylor P.C. today. With years of experience in North Carolina workers’ compensation cases, we have helped many clients secure the benefits and settlements they deserve. To learn how we can assist you, schedule a consultation with our office today.
