Posts Tagged ‘north carolina’

What does Worker’s Comp do?

I probably use this joke too much, but I often say that the “comp” in worker’s comp doesn’t stand for “compensation,” but for compromise.

In North Carolina Worker’s Comp was created as a compromise to help injured workers get the support necessary to get back to work, but to also not hold employers accountable for things they may not have caused.

Worker’s Compensation claims can be “comp” – licated too. It is a separate body of law unto itself and there’s a lot of weird stuff in there. But if you want to know what worker’s comp is supposed to do, in essence, here it is boiled down for you:

  1. They should pay you for your time out of work. Granted, it’s only 66% of your average weekly wage, but it’s something.
  2. They should pay for your treatment related to your injury. Yes, they get to choose the doctor, which can have a huge impact on the type and quality of care you get, but still, it’s something.
  3. To the extent you have permanent impairment, you should get money for that. How much? Ask an attorney.

Worker’s Comp claims are wacky. Save yourself a lot of time and heart ache. Get an attorney. Call me at 919-929-2992.

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Hurt on the Job in NC?

 

If you get hurt on the job in NC, your immediate thought might be that all of your losses will be covered by Workers’ Compensation.  But you might be wrong.

Workers’ Compensation claims (or comp claims, for short) can be super tricky in NC.  But they’ve become even more tricky since 2011 when the Republicans took over the legislature and sold their souls (did they have any to begin with, one wonders…) to insurance companies.  In short, just because you’re hurt at work doesn’t mean you have a comp claim.  And when you do have a comp claim, your rights are extremely limited.

Do yourself a favor: If you’re ever injured on the job (or anywhere, for that matter), reach out to a qualified attorney immediately.  You have a bad situation already, so try not to make it worse.  But in the meantime, consider a few points…

For a valid comp claim in NC, you have to have an injury by accident sustained in the course of and arising out of your employment with an employer subject to the Workers’ Compensation Act.  Each of those nouns is a way out for your employer.  Was it an accident?  If not, no comp.  Was it sustained in the course of your employment?  Did it arise out of your employment?  Was your employer subject to the Act?  If you don’t know what all of those mean, you might have a problem.

As soon as your accident happens, notify your employer in writing (a form 18 found here is a good way to do that).  And call an attorney asap.  There’s so much that can go wrong, so protect yourself.

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Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

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