| Making a Claim for Workers' Compensation in North Carolina |
What to do if you are hurt on the job If you are injured on the job in North Carolina, you should notify your employer right away. With certain exceptions, the law in North Carolina requires employees to notify their employers in writing within 30 days when they are hurt. To be sure their rights are protected, employees should also file their claims for workers' compensation with the Industrial Commission within two years of being injured or being told by a physician that they have an occupational disease.
How to file a claim for workers' compensation Claims for workers' compensation should be filed with the Industrial Commission, a state agency based in Raleigh. The Commission has an official claim form that should be used, Form 18. A copy of Form 18 can be obtained by contacting the Commission or downloading it from the Commission's website. Employers are supposed to provide injured employees with a blank Form 18. Once completed, copies of the form should be mailed to the Commission and to the employer. The injured worker should also retain a copy.
Form 18 versus Form 19 The Commission has a separate form, Form 19, that employers must complete when someone is injured. Sometimes employees believe that their rights are protected if this form has been completed, but the employer's filing of the Form 19 does nothing to protect the injured worker. Workers must always file their own claims using Form 18 in order to protect their rights.
After a claim is filed Once an employee files a claim, the employer and its insurance company should tell the Commission within 30 days whether they will accept liability for the claim. They face possible penalties if they do not state their position on the claim within 90 days. If they deny liability, the employee must file a hearing request with the Commission to pursue the claim. The Commission will order the two sides to try to resolve the case at mediation; if it is not resolved, a judge called a deputy commissioner will hear the case.
Contacting the Industrial Commission You can contact the Commission at 4340 Mail Service Center, Raleigh, NC 27699-4340, (919) 807-2501.
The Commission has an ombudsman program that provides trained personnel to answer questions of injured workers. To speak with a representative, call (800) 688-8349.
The Commission also has an excellent website that provides information about all aspects of the workers' compensation system in our state. The address is:
www.comp.state.nc.us If you visit this website, be sure to check out the annual bulletin of the Commission. The bulletin provides an excellent summary of the law in lay terms.
Benefits paid under workers' compensation An employee with workers' compensation claim can claim the following benefits:
* Full coverage of medical bills without any co-pays or deductibles.
* Payment of 2/3 of lost wages while the employee is unable to work (subject to a maximum amount per week)
* Payment for any permanent injury, which is usually based on doctor's rating.
* Vocational rehabilitation if the employee needs help finding a job after recovering from the injury.
Other benefits may also be available depending on the type of injury received and the care needed.
The information above cannot take the place of obtaining legal advice from an attorney who has all of the relevant facts about your particular situation. If you have a claim for workers' compensation, be sure to consult qualified legal counsel, especially before you sign any agreements regarding your benefits. For more information about workers' compensation in North Carolina, please contact the author:
Margaret Rowlett
Attorney at law
Board Certified in N.C. Workers' Compensation Law
Smith, James, Rowlett & Cohen, L.L.P.
P.O. Box 990
Greensboro, NC 27402-0990
Phone: 336-274-2992
Fax: 336-274-8490
Email:
sjrclaw@earthlink.net