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North Carolina Car Accident Attorney Blog

North Carolina Personal Injury Lawyer Blog

Charlotte Workers' Compensation FAQs

When must an employer have insurance for workers' compensation claims?
What must an employee do when they are injured on the job?
What if the employer refuses or fails to report an injury?
What type of wage reimbursement is an injured employee entitled to while out of work due to their injury?
Who will pay for and decide what medical treatment I will need to get?
Will they pay for chiropractors?
Can reimbursement for travel to and from medical providers be collected?
What is my boss fails to provide medical treatment or I receive the treatment on an emergency basis?
What if my spouse dies as the result of a work related injury?
What is permanent partial disability (PPD)?
Who determines permanent partial disability?
What happens when the employer denies or refuses to acknowledge the claim?
Is the case nurse, or other person hired by the insurance company, permitted to be in the examining room when I am being examined by my doctor?

 

When must an employer have insurance for workers' compensation claims?
If an employer has three or more employees, he must have workers’ compensation coverage. Officers listed on the corporations bylaws are considered employees for this purpose.

What must an employee do when they are injured on the job?
The should report the injury to the employer immediately, and in any event within thirty days. The notice should be verbally and in writing.

What if the employer refuses or fails to report an injury?
The employee should file a claim with the NC Industrial Commission (NCIC) within two years of the accident.

What type of wage reimbursement is an injured employee entitled to while out of work due to their injury?
An employee that is unable to work due to their injuries should be paid 66& 2/3% of their regular gross weekly salary, subject to certain exceptions. The checks shall be paid weekly to the injured worker. However, no compensation is due for the first seven days of lost time unless the disability exceeds 21 days. The first check will not include payment for the first seven days. Payment for the first seven days will be made if the disability continues beyond 21 days.

Safe is better than sorry when it comes to your health, and you don't want your insurance carrier to use your delay against you.

Who will pay for and decide what medical treatment I will need to get?
The employer and their insurance carrier, unless instructed otherwise by the NCIC, provides and directs medical treatment. The NCIC (NC Industrial Commission) may permit the employee to change physicians or approve a physician of employee's selection when good grounds are shown.

Will they pay for chiropractors?
Only if the employer or insurance carrier allows it. If they do, the employee is entitled to 20 visits if medically necessary. If additional visits are needed, the chiropractor must request this authorization from the employer or the insurance carrier.

Can reimbursement for travel to and from medical providers be collected?
Employees are entitled to collect for mileage for medical treatment in workers' compensation based on the current rates permitted under the workers’ compensation statutes.

What is my boss fails to provide medical treatment or I receive the treatment on an emergency basis?
If an emergency, the employee may obtain the necessary treatment from a physician or hospital of his own choice, but must promptly request the approval of the NCIC.

What if my spouse dies as the result of a work related injury?
The surviving spouse and children under the age of 18 may be entitled to workers’s compensation benefits.

What is permanent partial disability (PPD)?
Total loss or partial loss of use of a part of the body or inability to earn the same wages in any employment as earned at the time of injury.

Who determines permanent partial disability?
The NCIC, based on the impairment ratings of physicians or evidence of consideration of wage earning capacity.

What happens when the employer denies or refuses to acknowledge the claim?
At that juncture, the employer or their insurance carrier shall send the employee a special form detailing the reason for the denial. At that time, the employee or their attorney shall request a hearing with the NCIC.

Is the case nurse, or other person hired by the insurance company, permitted to be in the examining room when I am being examined by my doctor?
No. You have a right to a private examination by your physician.

 

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There is no fee to talk to us about your work related injury. An initial discussion with us about your case is free of charge or obligation. We will provide this free consultation over the telephone, at our office, at your home or even the hospital.

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Ballantyne Office

15720 John J. Delaney Dr, Suite 300
Charlotte, NC 28277
 

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421 S. Sharon Amity Rd, Suite C
Charlotte, NC 28211
 

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University Office

10130 Mallard Creek Rd, Suite 300
Charlotte, NC 228262
 

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