Your Workers’ Compensation Claim: FAQ

Workers’ compensation can get confusing. If you’ve got a question, there’s a good chance that someone else has already asked it. For some questions, you can visit the North Carolina Industrial Commission‘s website.
Our workers’ compensation attorneys in Greensboro understand the stress loss of income puts on wage earners and their families. For this reason, it’s critical that an injured employee takes the proper steps to make sure that they are adequately compensated for their injuries and losses associated with an on-the-job injury. Costs associated with these incidents can include medical bills, rehabilitation costs, travel, medication, loss of work and more. But what if your employer doesn’t have workers’ compensation and is trying to leave you with the bills?

The first thing you want to do is report the accident. You’ll want to do this both in person and in writing. If you find out the hard way that your employer does not have workers’ compensation then you should file a Form 18 as well as a Form 33. By this stage, you should have consulted with a law firm experienced in handling work injuries.

Where do you get medical treatment?

The employer or its designated insurance company will provide and direct medical treatment.

If travel to and from workers’ compensation treatment is far, more than 20 miles, injured workers are able to collect mileage rates. These rates have varied tremendously in recent year, so check the Commissions FAQ page for specifics.

Am I eligible for lost wages?

No one gets compensation for the first seven days of lost time unless they have a disability that lasts longer than 21 days. When you do get your compensation, you will receive about 66 percent of your average weekly rate, but that cannot be more than $884 a week. You can receive this compensation until you are able to go back on the job.

What are the rules for chiropractic treatment?

If the employer grants permission to seek medical treatment from a chiropractor, the employee is entitled to 20 visits if medically necessary. If additional visits are needed, the chiropractor should request this authorization from the employer.

What if an employer refuses to acknowledge a claim?

If your claim has been denied, you and your attorney will be notified. You will also be provided with such denial reasons. If a claim is denied by the insurance company or self-insurer, the employee may request a hearing before the Industrial Commission by submitting a Form 33.

Can my employer fire me if I am unable to work because of an injury and am receiving workers’ compensation benefits?

No, it is against the law to fire you because you have filed or attempted to file a workers’ compensation claim.

Are benefits received under Workers’ Compensation taxable?

Workers’ compensation benefits are not subject to either state or federal income tax. Workers’ compensation Insurance is paid entirely by the employer.

If you have been injured at work in North Carolina, contact the Lee Law Offices at 800-887-1965.

More Blog Entries:

NC Work Injuries: OSHA Safety Plans and New Regulations for 2014, North Carolina Workers’ Compensation Lawyers Blog, January 9, 2014

Charlotte Work Injuries Cause Extensive Worker Absence: Report, North Carolina Workers’ Compensation Lawyers Blog, December 31, 2013

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