What you need to know about worker’s compensation in Charlotte NC

What you need to know about worker’s compensation in Charlotte NC

Long before the industrial revolution, most workers did not get compensation if they got injured while executing their duties. They were not lucky enough to get benefit from their employers; therefore, no guarantee to medical care. The employers would find a replacement, and that was all. Later on, federal and state laws chipped in to protect the employees.

The worker’s compensation process is quite simple. You sustain injuries or may develop an occupational sickness, file a claim, and get the benefits until you resume to work. Moreover, an employee cannot sue their employer on all work-related injuries but instead its a tradeoff. It is essential to seek legal advice from an attorney once injured.

Do all the injuries qualify for the benefit? Well, injuries may be caused by accidents, long term exposure to toxic chemicals, slips, trips and falls, shocks and electrocution, fires and explosions, violent acts by colleagues, customers etc. The injuries do not have to be as a result of immediate, one- time accident to be covered; some conditions take time to develop.

There are various benefits to worker’s compensation. Firstly, its medical benefit. The medical bills such as nursing care, prescriptions, surgeries, and emergency care are catered for. Secondly, there is the disability payment. You are entitled to a weekly wage replacement benefit. The disability may be temporary partial or permanent partial disability and temporary total or permanent total disability. All these types of disabilities have different types of income benefits.

The other benefit is the death benefit. An employee may die as a result of illness or accident. The family of the deceased is compensated. Lastly, a worker gets a vocational rehabilitation benefit. The services a worker gets include job-seeking skills training, job modification, labour market survey, counselling and professional exploration.

All in all, workers compensation has its challenges.  Usually, filing a case comes with a lot of problems. You will not be compensated if the injuries result from drug or alcohol intoxication or self-inflicted wounds. Besides, an employee may delay reporting the injury hence interfering with the evidence. Errors on the claim forms also may contribute to a lack of compensation. Other challenges are the insurer may say the injury or illness is not job-related, the injury existed before, or the injury is exaggerated.

What happens if the employer denies you the benefit? First and foremost, there are various attorneys found in Charlotte that help you with your case. You need to consult an attorney if that happens. The attorney will appeal the claim and help you with the legal protocols that you may not understand. There are three levels of appeal for Charlotte workers. On level one, there is mediation through an unbiased mediator. The mediator offers a recommendation that leads to an agreement between the two parties. The next is level two. Here, the parties fail to agree, and a typical case is filed. The administrative law judge will hear the case with the presentation of evidence and the calling of witnesses. The judge then gives the final decision after the hearing — lastly, it’s level three, where you request an appeal with the North Carolina court of appeals.

In conclusion, an employee needs to find an attorney who can work with the insurer to gather ample evidence to support your claim. He will also check forms for accuracy. The attorney then appeals to your request if the benefits are denied by the employer’s insurer.