How Long Do Workers’ Comp Benefits Last in North Carolina?

Suffering an injury or illness on the job can be one of the most devastating experiences for a worker. They not only have to deal with the physical and mental consequences of the accident and injuries, but they also have to worry about how they will cover their medical bills and expenses while out of work.

Injured workers may need to depend on workers’ compensation benefits, which can feel like a lifesaver in this true time of need. However, you must prove that you qualify for these benefits and remember that they only last for a certain amount of time.

What are workers’ compensation benefits?

According to the North Carolina Department of Insurance, workers’ compensation is “a form of no-fault insurance provided by the employer for the employee.” This means that an employee can file for workers’ compensation regardless of whether they were at fault or played a role in the accident that occurred during work hours. All employers in North Carolina with at least three employees are required to carry workers’ compensation through their insurance company. The rules are a little different for agricultural employers as they are required to carry workers’ compensation if they have at least 10 employees.

If you suffered injuries on the job and your employer carries workers’ compensation, these benefits will likely cover:

• Medical care
• Income or wages
• Physical therapy
• Ongoing rehabilitation and caregiving
• Travel costs
• Medical equipment
• Home modifications

How do I file for workers’ compensation in Charlotte, NC?

Before receiving workers’ compensation, you must go through the process of filing for workers’ compensation. Here are the steps you must follow to successfully file for workers’ compensation in Charlotte:

• Report the accident and injury to your employer: Immediately after your accident, you should inform your manager or supervisor about the accident and your injuries. You have 30 days to make this report, but that does not mean you should wait 30 days. Instead, you should report the accident as quickly as possible to ensure that your employer is aware of the accident and injuries and that you can collect evidence before it becomes destroyed, tampered with, or disappears altogether.
• Seek medical attention: You should immediately seek medical attention for your injuries. Even if you think your injuries are minor or less severe, you need to visit a hospital or doctor’s office not only to obtain medical treatment but ensure that you have documentation showing that you were injured and received medical treatment due to the work-related accident.
• Complete the workers’ comp form: Next, you should complete and turn in the North Carolina workers’ comp form, Form 18. You should be as thorough and detailed as possible about your situation and injuries on this form. Then, you must turn it into the North Carolina Industrial Commission. You can either fill out and submit this form online or print it out and return it by mail.
• Hire a Charlotte workers’ compensation attorney: While it is not a requirement, hiring a workers’ compensation attorney can benefit you in various ways. For example, an attorney can investigate your workplace accident, help you collect evidence to support your workers’ compensation claim, handle all communication with the insurance company, and advocate for the benefits you deserve.

In North Carolina, you only have two years to file a workers’ compensation claim. If this two-year window passes, you can no longer file a claim or seek compensation for your accident or injuries.

How long does workers’ compensation last in North Carolina?

North Carolina Code §97-29 states that workers’ compensation lasts for a maximum of 500 weeks. If you are involved in a workplace accident that causes you to be unable to work or reduces your wages or hours, you may be able to receive workers’ compensation for up to 500 weeks. This means that you may be able to receive workers’ compensation benefits for over nine years as long as you are eligible.

Even though the cap for workers’ compensation is 500 weeks, it is critical to remember that this does not mean you are automatically guaranteed to receive these benefits for 500 weeks. Instead, the length of time that you may receive workers’ compensation benefits depends on several factors, such as the types of injuries you have, the severity of your injuries, your recovery, the doctor’s notes and opinions, and how long you are expected to be out of work. If your injury has caused you to become permanently disabled and you will never be able to work again, you may need to seek permanent total disability benefits, which a lawyer can assist you with.

How much will my workers’ comp benefits be?

The amount of money you receive in workers’ compensation benefits is based on how severe and extensive your injuries are. Workers’ compensation will usually cover all of your medical bills and expenses and 66 ⅔ percent of your average weekly income. However, no set amount of workers’ compensation is provided to all injured workers. Therefore, if you want to maximize the amount you may receive, hiring a Charlotte workers’ compensation lawyer at your earliest opportunity is crucial.

What are the challenges one might face when applying for workers’ compensation?

There are many challenges that individuals might face when applying for workers’ compensation, such as:

• Employer disputes: Even though your employer may carry workers’ compensation, they may not want anyone to actually obtain these benefits. Therefore, out of fear of their premiums rising, they may try to dispute your claim and argue that the accident or injury did not happen while you were at work.
• Insurer difficulties: It is very common for insurance companies to be difficult. Therefore, when you communicate with your employer’s insurance company, they may challenge your claim or convince you to take less money than you deserve. It is important to remember that the insurance company only has your employer’s best interests in mind in these types of situations.
• Proving that you are eligible: It can also be very challenging to prove that you are eligible for workers’ compensation. You must prove that the accident occurred while carrying out your work-related duties, that the accident directly caused your injuries, that you received medical attention for your injuries, and that your injuries have impacted your ability to return to work. To successfully prove this, you will likely need a lot of information, records, documents, and even visual proof, which can be stressful and seem almost impossible.
• Making mistakes or errors: Throughout this process, it is easy to make mistakes and errors. While this might seem completely harmless, you should know that it only takes one simple mistake or error for your workers’ compensation claim to be delayed or denied. Therefore, if you do not double-check everything you submit, you could encounter several roadblocks along the way.
• Being denied: Being denied workers’ compensation can be overwhelming and frustrating, especially when you have medical bills and other expenses piling up that you cannot pay. While claim denial is one of the most devastating challenges that accident victims face, it is important to keep in mind that a lot of people are denied workers’ compensation the first time. If your workers’ compensation claim is denied, a lawyer can help you appeal the decision.

The workers’ compensation lawyers at Price, Petho & Associates have been helping injured workers obtain workers’ compensation for over four decades. Therefore, if you work with our team, you will have peace of mind knowing that we have what it takes to stand up and fight for your right to the benefits you are entitled to. We understand how difficult and complex these cases can quickly become, so we are dedicated to challenging your employer and their insurance company until we believe a fair decision has been made. Please call our office or submit our contact form to schedule a free consultation at one of our offices in Charlotte, Rockingham, or Rutherfordton today.