When you suffer an accident or injury at work, it is crucial that you can retain and recover the compensation you are entitled to; this is invaluable in helping you rebuild your life after an incident. Workers’ compensation is a form of insurance that covers employees for any injury sustained in the workplace and can be a real lifesaver for many individuals. Your rights under the Workers’ Compensation Act are not affected at all, even if the accident was your fault. The details of every case are unique and need to be evaluated by an experienced workers’ compensation attorney.
Can I Be Compensated for my Medical Treatment and Lost Wages?
As the name suggests, workers’ compensation is designed to financially compensate for your accident and any injuries which may have been sustained as a result. The amount you receive will help to cover essential costs, including any medical bills or rehabilitation costs you have incurred. If you need to travel to and from medical or therapy appointments, your expenses may also be covered, and any vocational rehabilitation may be taken care of. In addition, your loss of earnings is taken into consideration; you could receive two-thirds of your average weekly wage until the time you are deemed by a medical professional to be fit to return to work.
Am I Covered by Workers’ Compensation?
It is a legal requirement for almost all employers in North Carolina to carry workers’ compensation insurance. You should be covered as long as your employer regularly employs three full-time employees.
There are a number of requirements which must be met, and strict steps to take if you are hoping to file a claim successfully. This is very important; if any part of the process is skipped, or you are late in filing, your claim may be delayed or denied. You must start by receiving medical help, and then reporting the injury to your employer. In situations where the injury has developed over time (such as carpal tunnel syndrome), you need to tell your employer as soon as you realize your job caused it. You are also required to report the injury to your union representative (if you have one) as quickly as possible.
Once the necessary parties have been informed, you need to fill in a claim form carefully. There are many steps and details and this is only the beginning of the process.
No Matter Who is at Fault – How Can a Lawyer Help?
There is good news if you are deemed to be at fault for your accident; you may still be able to access compensation. North Carolina has a no-fault system, meaning that you can still claim even if you are to blame in most cases. It should be noted that this might be the case even if you violated the clear safety rule. This also works the other way; if your employer violated safety rules, your payment may increase.
There are a few situations where you may be denied compensation. If your injuries were deliberately self-inflicted, you were under the influence of drugs or alcohol, or you were behaving recklessly, your claim may be denied.
If you have any concerns about demonstrating liability in your workplace injury case, speak with a workers’ compensation attorney as soon as you’re able to do so. Laura S. Jenkins, PC has a history of success working with workers’ compensation and will strive to earn you the highest compensation possible in your case.