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Huntersville, and Davidson.
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Charlotte, North Carolina
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Charlotte Workers
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When an employer denies
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Workers Compensation Resource Guide
The Davidson Law Firm, P.C.
A Charlotte Workers Compensation Law Firm

The Davidson Law Firm, P.C. Helpful Resource Guide to North
Carolina Workers Compensation Law

North Carolina has its own unique workers compensation laws and rules
passed by the North Carolina Legislature and North Carolina Industrial
Commission.  North Carolina has jurisdiction over an injury by accident or a
compensable occupational disease (1) if the accident occurs in North
Carolina (2) if the contract of employment was made in North Carolina (3) if
the employer’s principal place of business is in North Carolina (4) if the
injured employee’s principal place of business is in North Carolina.  

What types of injuries or diseases are compensable under NC law?

There are generally two types of injuries or diseases which are
compensable under NC law.  

(1) The most common injury is called an injury by accident.  Not all injuries
that happen at work are compensable injuries by accident.  Many people
assume that if they get hurt at work, regardless of how the injury happens,
they are entitled to compensation.  This is not true.  If a person is doing
their regular job in their regular manner and hurts themselves, they are not
entitled to workers compensation benefits.  There must be an accident, an
unusual or untoward event, or something out of the ordinary occurring in
order to for an injury to be compensable.   There is a slightly lower
standard for back injuries and hernia injuries.  For these types of injuries,
there must be a specific traumatic incident causing the injury.  

(2) The other type of injury that can happen at work is an occupational
disease.  An occupational disease is a disease that is caused by Employee’
s employment and the type of employment causes the Employee to be at
increased risk for developing the disease.  Mere causation is not enough if
an ordinary person not employed in that job is at the same risk of
developing the disease.  Common examples of occupational diseases are
carpal tunnel syndrome if a person is using their hands/wrists repetitively in
their job all day.  Chemicals or dusts present in the workplace can increase
a worker’s risk of developing such diseases as asbestosis, silicosis,
dermatitis and asthma.

Does fault or negligence matter?  If the accident occurs due to the
Employer’s negligence, do I get additional money?  If the accident
occurs because of my mistake, can I be denied benefits?

Generally, workers compensation is meant to pay medical bills and provide
compensation for lost wages without regard to fault or negligence.   Many
things happen at work that could arguably be caused by the negligence of
the employee or the employer.  However, workers compensation is not a
system designed to place blame on either party.   The primary concern is
that the injured worker gets immediate medical attention and is
compensated for their lost wages due to the injury.  

An Employer may have to pay an additional 10% penalty if the injury or
death is caused by the willful failure of the employer to comply with any
statutory requirement such as an OSHA regulation.  An Employee may
have their benefits reduced by 10% if the accident or death is caused by
their willful failure of the employee to use a safety appliance or perform a
statutory duty.  

There are only 2 circumstances where an employee can be denied benefits
because of negligence or fault.  One is when the Employer can affirmatively
prove that the injured worker was legally intoxicated and that the accident
was caused by the intoxication.  A failed drug or alcohol test is not enough
to deny benefits.  Second, benefits can be denied when the employee is
injured or killed while he is willfully trying to injure or kill himself or others.  

What types of benefits am I entitled to receive if I have a
compensable injury or occupational disease?

Generally, injured employees are entitled to two types of benefits, medical
benefits and weekly monetary benefits for their time out of work.  When the
claim is accepted as compensable by the Employer and they are paying for
medical treatment, they are allowed to direct your medical treatment to the
physicians of their choice.  There exceptions to this rule, but generally the
parties paying for the medical treatment are allowed to choose the treating
physician and/or medical facility as long as it is medically appropriate.  
Medical benefits include prescription medications, mileage incurred in going
to medical facilities, medical supplies, or anything which is intended which is
intended to lessen employee’s period of disability.  

The weekly monetary benefits are paid when an employee is unable to work
due to a compensable injury by accident or occupational disease.  They
are paid on a weekly basis to the employee for the period of the time that
the treating physicians place employee out of work.  The treating physician
may allow the employee to return to work with certain physical restrictions.  
If the employer does not have a job that accommodates the doctor’s
restrictions, then an employee will remain out of work receiving weekly
workers compensation benefits.

What types of benefits am I NOT entitled to receive if I have a
compensable injury or occupational disease?

The workers compensation system in North Carolina is a compromise
system devised by employers and employees. The idea was to give the
injured employees prompt medical and lost wage benefits regardless of the
circumstances of the accident and to cap liability for employers. Therefore,
the NC workers compensation system does not award damages for pain
and suffering or what the injury does to their life outside of lost wages.  
There is no jury that awards an amount of money for what is ‘fair and just.’  
If a workers compensation case is litigated, the judge (Deputy
Commissioner) will simply award benefits consistent with laws under the
North Carolina Workers Compensation Act.
If you need assistance with
workers compensation or social
security disabilitys, contact
Charlotte Workers
Compensation Attorney, The
Davidson Law Firm, P.C. today!
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THE DAVIDSON LAW FIRM, P.C.
Charlotte, North Carolina
If you have questions about workers compensation
insurance in North Carolina, please read our Resource
Guide below.  Also, please read our Frequently Asked
Questions page or simply place a call to Charlotte
Workers Compensation Attorney, Dave Davidson.  
Call 704-576-1568 today for a free consultation!!!