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 Anna Caldwell & Associates help workers who have been injured on the job or have suffered a job-related illness, obtain the benefits they deserve. Workers' Compensation insurance can pay for medical treatment, prescriptions, and a portion of lost wages. Compensation is also paid for the total or partial loss of a body part, loss of use of a body part, or disfigurement.
Workers Compensation Frequently Asked Questions 1. What is Workers' Compensation? Workers' Compensation is an insurance system that was created by the North Carolina legislature to protect workers who suffer job-related injuries or diseases. A workers' compensation claim is different from a personal injury claim in that the worker does not have to prove that his/her injury or disease is due to the employer's negligence. Also, workers' compensation benefits do not provide for pain and suffering and future damages. 2. Who is covered? Most workers, but not all are covered. N. C. employers who regularly employ 3 or more people full or part-time are required to carry workers' compensation insurance or qualify as self-insured. You are also covered, if you work for the state, a county or city, a temporary employment agency, or for a construction subcontractor. Railroad workers, most farm laborers, domestic servants, and independent contractors are not covered. 3. How do I find out whether my employer carries workers' compensation insurance? You can find out by calling the North Carolina Industrial Commission in Raleigh, at (919) 807-2500. When you call the Industrial Commission, make sure that you have your social security number, the date of your injury, and the name of your employer in front of you. 4. What injuries and diseases are covered? An injury is compensable if you were injured by accident and in the course of employment. An illness is compensable if it is a recognized occupational disease. One of the most common occupational diseases is carpal tunnel syndrome which is caused by repetitive hand motion or strain. Think you have a case and want it evaluated by an Attorney for FREE? CLICK HERE 5. What benefits are available? You may be eligible for medical treatment and rehabilitation, temporary, partial or total disability benefits during your healing period, and permanent partial disability benefits after you are released from medical treatment. Also, certain expenses are covered by workers' compensation: medical, surgical, nursing, chiropractic and physical therapy service, prescriptions, travel to medical appointments (if over 20 miles roundtrip), medical and surgical supplies, braces and prostheses. 6. How do I file a workers' compensation claim? You need to complete N.C. Industrial Commission Form 18 and give it to your employer as soon as possible after your injury, but not later than 30 days after your injury. You should also send a Form 18 to the Industrial Commission and keep a copy for your own records. 7. Will my employer be supportive or do I need an attorney? Employers traditionally do not assist workers in filing a workers' compensation claim. It is quite common that employers actively discourage workers from filing a claim, either by making false promises, threatening to terminate the worker, or by giving misleading information about the workers' compensation process. Thus workers are on their own when dealing with their workers' compensation claim. The workers' compensation process can seem daunting to anyone due to the various rules that need to be followed, Industrial Commission forms that need to be completed, issues involving medical treatment (what is the best medical treatment, who will be the treating physician, how to get surgery approved, etc.), and issues concerning a return to work (light duty "make work"; employer's disregard for the worker's work restrictions; what constitutes a justified refusal to return to work; how to deal with a trial return to work). An attorney can be helpful at any stage of your claim. Even if you did not get one at the beginning, it is probably not too late to hire one now. She or he can make sure that you get all the workers' compensation benefits you deserve, such as medical treatment. She or he will also know whether you qualify for other programs and if it is to your advantage to apply for them. Finally, if your attorney takes care of talking to the insurance company, you save yourself stress and can concentrate on healing. An attorney is essential in the following situations:  You disagree with the disability rating of your injury. If you have a permanent partial disability rating, this rating can have a big impact in terms of the settlement you should receive. An attorney who is experienced in workers' compensation can help you decide whether to get another rating and which doctor to see for another rating. You have an occupational disease claim. Occupational disease claims are almost always contested by the insurer. They involve difficult questions of law and medicine. You should have an attorney at all stages of an occupational disease claim. Your claim is contested and you are having a hearing before a Deputy Commissioner. No worker should attend a hearing without legal representation. The insurer offers to settle your claim with a compromise settlement agreement. Obviously, this agreement will be written by the insurer's attorney and thus represent more closely their view of the claim. Also, some clauses will address the release of any other claims you may have against the employer and may affect other benefits such as social security disability.8. How does a workers' compensation attorney get paid? The initial consultation with an attorney, on the phone or in person, is free. If an attorney takes your case, your attorney only gets paid if you receive monetary compensation. This means the lawyer's fee is contingent on getting you the benefits you deserve. If the attorney does not get you any benefits, you will not owe the lawyer a fee for her/his work. The usual lawyer' s fee is 25 % of the overall amount that the lawyer recovered for your claim. You will be charged a small amount of money for expenses, such as for obtaining medical records, depositions, subpoenas, etc. Also, you should know that the Industrial Commission will review the fee agreement between you and the attorney to make sure that the agreement is fair and reasonable. Ready to have your case evaluated by an Attorney for FREE? (Click here)
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