Workers’ compensation in North Carolina is governed by the North Carolina Workers’ Compensation Act. The North Carolina Industrial Commission was established to administer this act.
Workers’ compensation in North Carolina is no-fault insurance that the employer provides to the employee. This means that, regardless of who was responsible for an accident injuring a worker while on the job, it will be covered if it meets certain criteria. This has the benefit of making the claims process faster. The downside is that you generally give up your right to sue your employer for injuries covered under workers’ compensation.
Who Is Protected By Workers’ Compensation Laws in Charlotte, NC?
Unfortunately, not every worker is covered under the protection of the North Carolina Workers’ Compensation Act.
Employees who may have this protection include:
- Those employed by businesses with three or more employees
- Corporate officers
- Some agricultural workers, if the employer has 10 or more non-seasonal workers
- Members of the North Carolina National Guard
- State and municipal employees
Employees who are unlikely to have this coverage include:
- Independent contractors
- Business owners
- Some agricultural workers
- Federal employees (who are typically covered under the Federal Employees’ Compensation Act, or FECA)
- Domestic workers in private households
Workers’ Rights Under Charlotte, NC Workers’ Compensation Laws
Under the North Carolina Workers’ Compensation Act, the following expenses may be covered:
To receive these benefits, workers must do the following:
- Report injuries to their employers
- Cooperate with medical advice and treatment
- Complete the required filing process
The benefits schedule for North Carolina workers’ compensation is determined annually. This amount can vary based on whether the disability is temporary or permanent and whether it is partial or total.
- For temporary total disability (TTD), workers can receive two-thirds of their average weekly wages at the time they are injured. This rate for injuries that occurred in 2023 is a minimum of $30 per week and a maximum of $1,254 per week.
- Permanent total disability benefits can be set at the TTD rate, potentially for life.
- There are other schedules to determine how much is paid for partial disability, including the loss of use of limbs, disfigurement, or serious burns that cover at least one-third of the body.
Filing Process for Workers’ Compensation in Charlotte, NC
If you’ve been injured on the job, follow this process carefully. Any deviation from the requirements could result in a denial of benefits. A workers’ compensation attorney can help you navigate this process.
- Report your injury to your employer as soon as possible and no later than 30 days after it happened.
- Your employer is then responsible for filling out Form 19, which informs the North Carolina Industrial Commission of your injury. You should receive a copy of this form, as well.
- You will need to fill out Form 18. This standardized form puts your injury report in writing and goes to the North Carolina Industrial Commission. This should be done within 30 days; it usually must be done within two years.
- You will be informed within 30 days of your employers’ decision regarding your report. You can receive one of three responses:
• Your employer can accept your claim.
• Your employer can deny your claim.
• Your employer can provisionally accept your claim but reserves the right to reverse its decision upon investigation.
- If your claim is denied, you are entitled to a hearing. At this hearing, the North Carolina Industrial Commission will make a formal decision.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Charlotte, NC
People not covered under North Carolina’s workers’ compensation law still have some options. These include:
- A personal injury lawsuit
- Alternate insurance (such as FECA)
- State disability insurance
If you are covered but your claim has been denied, it’s important that you hire an experienced lawyer as soon as possible. You will need to file Form 33 to request a hearing, and you will want legal representation on your side before that hearing.