Workers’ Compensation

Have You Been Injured While Working or On The Job?

Workplace injuries often jeopardize a person's financial as well as career future. If you've been injured on the job in North Carolina, it's important to hire a workers' compensation attorney who understands the North Carolina Workers' Compensation Act (N.C. General Statute Chapter 97).

Fact: Workers' compensation is a type of mandatory business insurance to provide employees who become injured or ill while on the job with medical coverage and income replacement. Worker's compensation insurance is designed to protect a company from being sued by employees for the workplace conditions that caused such an injury or illness.

North Carolina law provides that injured workers are to be paid two-thirds of their average weekly wage while out of work due to an on-the-job injury. In addition to weekly benefits while out of work, an employer is responsible for paying for medical treatment and any permanent impairment rating that is recommended by your authorized treating physician. Employers and insurance companies often try to limit compensation paid to an injured employee.

Our attorneys can help you navigate your claim and ensure you receive the maximum benefits you are entitled to by law. If you have suffered an injury while at work and would like to speak with a lawyer, you can reach our firm toll free at 800-977-3077.

Our workers' compensation lawyers work with injured workers all over the state ensuring our clients' claims are properly filed and handled. When injured on the job in North Carolina, you have two years to file your workers' compensation claim with the North Carolina Industrial Commission. Filing a claim as soon as possible after an injury can improve your chances of a favorable outcome, so do not delay speaking with a lawyer. When workers' compensation claims are denied, our lawyers handle appeals through the North Carolina Industrial Commission, North Carolina Court of Appeals, and North Carolina Supreme Court.

What is Workers' Compensation?

If an injury occurs in the course and scope of employment, regardless of whether the employee or employer was negligent or otherwise at fault, the worker is compensated through benefits that may include:

  • wage replacement
  • medical treatment
  • payment for permanent impairment
  • payment for travel reimbursement, attendant or other services
The North Carolina workers' compensation system is governed by the North Carolina Workers’ Compensation Act, which is overseen by and enforced through the North Carolina Industrial Commission. This helps remove the uncertainty from circumstances following a work-related injury or industrial illness. The North Carolina workers’ compensation system is a no-fault system, and this process does not involve a lawsuit. Most employers are subject to the workers' compensation system unless they have fewer than 3 employees. Thus, most employers are required by North Carolina law to carry workers’ compensation insurance to pay for the benefits you may be entitled to receive under the Workers’ Compensation Act.

COMMON INJURY CAUSES

  • Explosions
  • Crane failures
  • Crush injuries
  • Car wrecks on the job
  • Shock or Electrocution
  • Forklift/warehouse injuries
  • Scaffolding failures/collapses
  • Falls from ladders, platforms, lifts, unguarded edges or openings

What injuries or diseases are covered?

Almost all types of physical injuries and industrial illnesses are covered by workers' compensation. Commonly conditions include:

  • Repetitive motion injuries (Carpal-Tunnel Syndrome, etc.)
  • Complex Regional Pain Syndrome (CRPS)
  • Reflex Sympathetic Dystrophy (RSD)
  • Traumatic brain injuries (TBI)
  • Occupational diseases
  • Crush injuries
  • Broken bones
  • Amputations
  • Back injuries
  • Burns
  • Death

Can my employer fire me over workers' compensation claim?

In North Carolina, it is illegal for an employer to retaliate against an injured worker for exercising his or her right to file a workers’ compensation claim. The right to file a workers’ compensation claim without the risk of being retaliated against by your employer is governed by the North Carolina Retaliatory Employment Discrimination Act (NC REDA) and Enforced by the North Carolina Department of Labor.
The lawyers at Charles G. Monnett III & Associates also represent injured workers who have been subject to retaliation by their employer for filing a workers’ compensation claim.

The testimonial below is of a client who faced a similar situation.

What if a death occurs as a result of a workplace injury or occupational disease?

In addition to benefits for job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors are entitled to death benefits through the North Carolina Workers’ Compensation Act. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a workers' compensation attorney can advise you about workers' compensation death benefits.

Rather than collecting workers' compensation, may I bring a lawsuit against my employer?

Workers' compensation is usually the only legal remedy for an employee injured or sickened in the course and scope of their employment. The public policy behind workers' compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers' compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict.

What are the vocational rehabilitation rights of injured workers?

Vocational rehabilitation is the process of rebuilding work skills as part of the recovery from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. In North Carolina, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.

SETTLEMENTS & SUCCESS STORIES

The attorneys at Charles G. Monnett III & Associates have an exceptional record of success in workers' compensation cases and appeals:

  • Campbell v. Garda USA, Inc.
    Summary: In a denied workers’ compensation case, the Court of Appeals agreed with the Full Commission’s award of attorney’s fees as a sanction against the Defendant Employer for discovery violations and remanded to the Full Commission for further findings consistent with their holding.
    Court of Appeals Opinion:https://appellate.nccourts.org/opinions/?c=2&pdf=33658
  • Myers v. Ben Mynatt Chevrolet Cadillac
    Summary: An employer wrongfully denied a long-time employee’s back injury as a compensable workers’ compensation injury.
    Court of Appeals Opinion:https://appellate.nccourts.org/opinions/?c=2&pdf=29937
    Outcome: The North Carolina Court of Appeals affirmed the North Carolina Industrial Commission's finding that our client was temporarily totally disabled and was to be awarded the full commission of compensation for his back injury.
  • Holloway v. CV Indus., Inc.
    Summary: An injured client who could no longer take care of herself due to her work-related injury was denied reimbursement of attendant care services by her employer and their insurance company.
    Court of Appeals Opinion:http://appellate.nccourts.org/opinions/?c=2&pdf=29475
    Outcome: The North Carolina Court of Appeals affirmed our client's reimbursement for past attendant care services as required by the North Carolina Industrial Commission.

Workers Compensation PC