SOME VERY BASIC INFORMATION ON NC WORKERS’ COMPENSATION LAW
Workers’ compensation, sometimes call workman’s comp or workmen’s comp, is the system for compensating people who have been hurt at work in North Carolina. The NC Workers’ Compensation Law system is established by Chapter 97 of the North Carolina General Statutes and administered by the North Carolina Industrial Commission.
Generally, for workers’ comp to apply there must either be: 1) an injury by accident during the course and scope of employment; or 2) an occupational disease that is related to and caused by the employment. All on the job injuries and occupational diseases are not covered by NC Workers’ Compensation Law.
MEDICAL BENEFITS: Workers’ comp. provides medical treatment for the injured body part, as well as any other conditions that arise as a direct and natural consequence of the initial injury. For example, if a compensable knee injury causes a hurt worker to walk differently, which in turn causes a back problem, the back problem is covered as well.
DISABILITY BENEFITS: Workers’ comp also provides disability or indemnity benefits. These can be temporary or permanent, and total or partial. The injured worker is entitled to two-thirds of their gross, pre-injury wage. Payments can be problematic and one of the most heard comments in my office is “my workers’ comp check is late.”
INSURANCE: Most employers buy workers’ compensation insurance to cover their workers’ comp risks. Large employers may be self-insured and hire a third party administrator, often an insurance company, to administer their claims. Either way an injured worker is likely to be dealing with an experience adjuster.
NORTH CAROLINA INDUSTRIAL COMMISSION: Almost all NC Workers’ Compensation Law disputes are addressed to the Industrial Commission. This includes disputes about whether a condition is compensable as well disagreements over medical treatment or disability payments.
Kevin Bunn is a North Carolina workers’ compensation attorney with an office in Cary, NC, convenient to Raleigh. Please call or email for your free consultation with a NC workers’ comp lawyer.