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Answering the Most Common North Carolina Workers’ Compensation Questions

Nov 15, 2018 Brown Moore & Associates Workers' Compensation

Workers’ compensation is an important benefit that millions of employees have at their disposal in North Carolina. Not everyone will require this benefit throughout their career, but just knowing that it is there can put a person’s mind at ease. So, what exactly is workers’ compensation and how is it handled? These are important questions that every employee should know the answers to in the event that they need to file a claim. The team at Brown Moore & Associates has more than 40 years of experience representing clients just like you in fighting for their workers’ compensation benefits after suffering an injury or illness on the job. Today, our North Carolina workers’ compensation attorneys will answer the most common questions about this employer-provided benefit.

Charlotte, NC Workers’ Compensation: What Steps Do I Take When Injured on the Job?

One of the most important questions asked all the time by injured employees is what they should do first when injured on the job. First and foremost, you need to report the injury to your employer. It does not have to be to the owner of the company or the CEO. Report the injury to a supervisor, someone in human resources, or your direct manager. Make sure you do so in writing so that they cannot claim they were never told about the injury.

Charlotte Workers’ Compensation: Who Can I See for My Medical Treatment?

This is another important question because many people do not realize that they cannot see their normal physician. As much as you would like examination and treatment by your regular doctor, simply due to comfort and familiarity, you cannot go to them. You will need to seek your treatment from a doctor authorized by your employer.

Technically, the employer’s insurance carrier will tell you which doctors you can visit for treatment. The reason for this is that the law surrounding workers’ compensation says employers must pay all medical bills related to the accident that caused your injury, which is what gives them the right to tell you which doctor you can see.

It is possible to go to a doctor of your choosing. All you need to do is make that request with your employer and their insurance carrier. If you make the request early enough in the process it very well could have approval and you might be able to visit your own doctor.

Charlotte Workers’ Compensation: Can I Apply for Unemployment With a Denied Claim?

This is a very valid question that many injured employees ask. There’s always the worry of denied workers’ compensation, leaving the worker with no other option to pay the bills. The short answer here is no, you cannot apply for unemployment. Why? Because you technically are not unemployed, you are not actively looking for a job, and you are actually unable to go to work.

File a claim for disability with the state of North Carolina after denied worker’s comp. This is done by stating the type of disability that you have and that it is related to your job. You will then be asked to file a petition for a workers’ compensation claim lien so that the payments to you are protected.

North Carolina Workers’ Compensation: How Much and How Often Will I Be Paid?

If you have an approved workers’ compensation claim in North Carolina, you might start wondering how much and how often you will be paid. It is perfectly normal to be concerned with the payment amount and frequency. You need to begin planning for payments arriving so that you can continue to pay your bills.

If you will wind up missing at least eight days of work due to the injury suffered on the job you will be eligible for temporary disability benefits. These benefits will be paid on a weekly basis until you are cleared to return to your job. The amount you receive will be 70 percent of the gross weekly pay you were earning at the time you suffered the injury.

NC Workers’ Compensation: What If I Caused the Accident That Led to My Injury?

Another question is whether or not a worker deserves compensation if they caused their own injuries. After all, accidents are not always from machinery or co-workers. If you caused the accident that led to your injury, you are still eligible to receive workers’ compensation benefits. However, there is a caveat: you must have been performing a task that was related to your job duties. So, if you were using equipment improperly or goofing around, your claim might be denied. If you followed all safety rules for a task, you deserve compensation.

Charlotte Workers’ Compensation: What Is Lost Time and Do Doctor Appointments Count?

Have you heard the term lost time when it comes to an injury suffered on the job? Lost time is time that you are unable to work due to an injury suffered while on the job. Lost time does not include time taken off by the employee to attend doctor appointments.

Charlotte North Carolina Workers’ Compensation Attorneys — Brown Moore & Associates

If you have suffered an injury while on the job you should seek counsel from an experienced workers’ compensation attorney. Your health and financial wellness are important for you and your family. Make sure you report the incident immediately to a supervisor and seek medical care from a doctor. Then you should contact the team at Brown Moore & Associates to schedule an appointment to discuss your case.