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Free Workers Comp Info Sheet

Kelly & West News

How Do I Get Workers’ Compensation?

Being injured on the job can cause pain beyond physical harm. You are out of work, losing money, and have medical bills piling up. So what do you do? You may want to consider filing a claim for workers’ compensation. If you qualify, you may receive compensation for lost wages and any related medical bills. Here are a few things you need to know about these benefits.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp, is an insurance program that provides compensation for employees who are injured by accident while doing the tasks required of them by their employer. It is a no-fault remedy, meaning the employee is not required to prove fault to receive benefits. Workers’ compensation covers almost any injury caused by doing your job. However, it is important to keep in mind that workers’ compensation does not cover pre-existing injuries unless the injury was aggravated or made worse due to the employment.

Do I Qualify?

To be eligible for workers’ compensation, you must be an employee. Contractors are not eligible. You must also work for an employer that has workers’ compensation insurance. Not all employers are required to carry insurance. Finally, your injury/disease must be work-related.

Injuries covered under workers’ compensation include:

  • Physical injury on the job, including exposure to toxins and repetitive-motion injuries such as carpal tunnel
  • Pre-existing injuries that are made worse by work-related activities
  • Injuries caused while on break, on work-sponsored trips, or at work-sponsored events
  • Injuries from mental or physical stress brought on by work duties

Injuries not covered under workers’ compensation:

  • Self-inflicted injuries
  • Injuries encountered while violating company policy
  • Injuries encountered while violating the law
  • Injuries encountered while not on the job

How do I Get Workers’ Compensation?

To qualify, your on-the-job injury must have occured while you were carrying on the company’s business. If you are injured or sick at work, get medical attention immediately and inform your employer of your situation. To file a claim, you will want to gather information including what caused the injury, where it happened (if applicable), any witnesses (if applicable), and your doctor’s information. After informing your employer, he or she should give you a claim form to fill out or you can find the form and instructions by clicking here. You will then submit the form to your employer, and file it with the North Carolina Industrial Commission, as indicated on the form. Your employer (and their insurance company) then has 30 days to admit or deny your claim and should send you a written notice of this admission or denial.

What Benefits Am I Entitled To?

The policy pays for medical bills related to your injury and compensation for your lost wages up to a certain amount. You may also receive payment for permanent injuries (disability) and payment for rehabilitation services, if applicable.

When To Contact an Attorney

While many employers will not dispute your injury, if you are hurt at work, contact an attorney as soon as possible. He or she can help make sure your claim is submitted correctly and will prepare in case your employer wants to deny the application.

If you would like to talk with an experienced and caring workers’ compensation attorney, please contact us.

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