North Carolina Workers Compensation Lawyer FAQ

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.

When injured on the job, what should an employee do?

The employee should immediately give a written report of the injury to the employer, and if not able to do so immediately, then within 30 days of the injury.

If my employer will not report the injury, what do I do?

A claim must be filed with the NC Industrial Commission, and must be done so within 2 years of the date of injury. If the employer refuses to do so, the employee must take it upon himself to file the claim using Form 18.

Who will pay for and decide what medical treatment I will need to get?

The employers and their insurance carrier, unless instructed otherwise by the NCIC, is responsible for providing your medical treatment. The NCIC can authorize an employee’s chosen physician with good cause to do so, or may allow the employee to change to a different physician, but payment to such other physician is conditioned on obtaining prior written permission.

Will they pay for chiropractors?

Only if the employer or insurance carrier allows it. If they do, the employee is limited to 20 visits. A chiropractor must direct a special request to the employer if the chiropractor feels that more than 20 visits are medically necessary.

Can I be reimbursed for travel to and from medical providers?

Mileage expenses can be recovered for workers’ compensation related medical treatment when the round trip mileage exceeds 20 miles.

What if my boss fails to provide medical treatment in an emergency situation?

If an emergency, the employee may seek the required treatment from the medical provider of his choosing, however, must immediately request that the NCIC approve the treatment.

When do I start receiving lost wages?

Lost wages will not be paid for the initial seven (7) days. However, if the disability is longer than 21 days, the wages for the first seven (7) days will be paid after 21 days.

How often will I receive lost wage payments?

Compensation payments are made weekly.

How are lost wages calculated?

Compensation is calculated at 66 2/3% of the average weekly wage, and is not to be more than $654.

How long can I get compensation payments?

Currently an injured employee is entitled to be compensated until he can go back to work, but bills are pending in the NC General Assembly that may limit this.

How is permanent partial disability (PPD) defined?

Permanent partial disability is when an employee is unable to earn the same wages in his job as he was at the time of the injury due to total or partial loss of use of a body part.

Who decides if I have a permanent partial disability?

Your medical provider will assess you with an impairment rating which the NCIC will consider.

What if my claim is denied?

At that junction, the employer or the insurance carrier shall send the employee a special form detailing the reason for the denial. The employee or their attorney can request a hearing with the NCIC.

Is the case nurse, or other person hired by the insurance company, permitted to be in the room when I am in consultation with my doctor?

No. You have a right to privacy when being examined by your doctor.

My doctor has released me back to work, but there is not a job for me. What do I do?

A referral will be made to N.C. Division of Vocational Rehabilitation.

Call Us Now For A Free Consultation.

There is no fee to talk to us about your work related injury. An initial discussion with Auger & Auger Accident and Injury Lawyers 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.