There are generally two types of workers’ compensation cases. First, there are injuries by accident cases. The second type of workers’ compensation case involves occupational diseases. An injury by accident is a definite event in which time and place is fixed and arises in the course and scope of employment. The determination of an injury by accident is often straight forward. You have suffered an injury by accident if you fell off a scaffold and broke your leg. On the other hand, the issue can become quite complex. You would be amazed at the lengths some companies will go to avoid paying a claim. The Huffman Law Firm, P.A. has extensive experience representing injured  workers in workers' compensation cases. The following is a brief overview of some of the highlights of the workers’ compensation system.

What is Workers' Compensation?

North Carolina state law requires employers to provide Workers' Compensation insurance and to pay benefits to injured workers for job-related injuries or diseases. The law is administered by the North Carolina Industrial Commission. www.comp.state.nc.us <<top>> or <<questions>>

Does my company have to provide me with workers’ compensation coverage?

Generally, every employer in North Carolina who has three or more employees on a regular basis is required to provide workers’ compensation coverage for its employees. Your company must either purchase Workers’ Compensation insurance, qualify as a self-insured company or join a self insurance pool. It is a violation of state law for a company to fail to provide workers’ compensation coverage for its employees. <<top>> or <<questions>>

Do I have to inform my boss of my injury?

YES! You can lose all of your rights if you do not properly inform your company about your workplace injury. Generally, you have to give the company written notice of the injury within 30 days of the injury. However, it is always best to immediately tell your supervisor of your on the job injury. The law further requires that you file a claim with the Industrial Commission within two (2) years of the date of the workplace accident. <<top>> or <<questions>>

What is my company required to do after I get injured?

Your company must report to the Industrial Commission any work-related injury that requires more medical attention than just first aid. This is done by the filing of a Form 19. <<top>> or <<questions>>

What do I do if my company will not report my injury to the Industrial Commission?

Although companies are required by law to report injuries, they sometimes fail or refuse to report an on the job accident. If that happens to you, you must take action to protect your rights. You need to file a Form 18 setting forth the reasons for your claim. It is a sure sign that you are likely to be in for a long hard struggle if your company will not report your injury. In such a situation, you should strongly consider hiring an experienced workers' compensation attorney, like the Huffman Law Firm, P.A., to represent you. <<top>> or <<questions>>

What Workers Compensation benefits are paid?

Workers' Compensation insurance may pay for lost income while recovering, permanent injury, health care, total disability, a second medical opinion, copies of your medical records, additional benefits within a time period if you later have a change in condition, travel for medical care if more than 20 miles round-trip, prescription medicine and other benefits. State law sets formulas for these benefits. Weekly and other benefits vary. Injured workers cannot receive benefits for pain and suffering. Lost wage benefits are paid at the rate of 2/3 of your average weekly wage up to a maximum rate. The maximum weekly rate for 2008 is $____. <<top>> or <<questions>>

What must I do to be eligible?

You must file your claim for a work related injury quickly or a statute of limitations may bar your benefits. <<<top>> or <<questions>>

Is there a waiting period before I begin receiving weekly benefits?

Yes, there is a seven day waiting period before direct benefits are paid to you for a work related accident. If you remain out of work for more than 21 days, the employer or insurance company must then pay you for the first seven days. <<top>> or <<questions>>

Are aggravations or accelerations of an old injury covered?

Yes! If your physician says your injury is job-related or aggravated, you will be entitled to workers' compensation benefits. <<top>> or <<questions>>

What can I do if I am treated by the “company” doctor who says I can return to work before I am well enough?

Under recent State law, you can be treated by another physician (not necessarily one of your own choice) with approval of the Industrial Commission. It is important that you seek a change of physician as soon as possible. You may also be entitled to a second opinion by a doctor of your choice. Refusing to follow your physician’s orders can be grounds to stop your benefits or to fire you. <<top>> or <<questions>>

Are job-related diseases covered by workers compensation?

Yes! If you have a work related disease, you may be eligible for benefits. Please see my discussion of occupational diseases. <<top>> or <<questions>>

If the insurance company wants to assign a “rehabilitation” consultant or nurse to my case, will I be helped?

Rehabilitation experts are supposed to work with you and help you get back to work. However, they are paid by the insurance company and some of the rehabilitation workers do not have your best interest at heart. Sometimes the real purpose of the “rehabilitation” consultant or nurse is convince your physicians that your injuries and complaints are not serious and to return you to work as soon as possible. You need to contact a workers' compensation lawyer if you believe the rehabilitation expert is jerking you around. <<top>> or <<questions>>

Can I be fired for filing a claim?

No! State law protects injured workers. You should immediately contact a workers' compensation attorney if you think you have been illegally fired in retaliation for filing a workers’ compensation claim. <<top>> or <<questions>>

Will I be followed and videotaped by the insurance company?

Insurance companies often assign private detectives to follow and videotape injured workers to suggest they are not as severely injured as they say they are. It is important that you not engage in activities your doctor has not approved, even when you are having a “good day.” <<top>> or <<questions>>

Will I need witnesses or evidence to prove my workers' compensation case?

Yes! Record names and addresses of all witnesses or co-workers who either saw the on the job injury, suffered the same condition, knew of the conditions leading to your injury or disease, or saw you after the injury. If possible, get a co-worker you trust to photograph or gather other evidence, such as chemicals you inhaled or the location of your injury within your place of employment.

Keep a diary beginning with the date of your injury and including such information as: when benefits were paid, when you saw the doctor, what the doctor said to you, when you are able to return to work, whether your pay was reduced, and when the doctor says you have reached maximum medical improvement. All of these dates are VERY IMPORTANT. Retain all of your medical bills and other bills related to any expenses of the injury or disease. <<top>> or <<questions>>

The employer and insurance company have refused to tell me anything and they continue to deny any benefits. What can I do?

Hire a workers' compensation attorney. You must file a timely claim with the Industrial Commission and request a hearing in contested cases. The Huffman Law Firm, P.A. will work with you to insure that you receive the benefits to which you are entitled. <<top>> or <<questions>>

I was receivig benefits for my injury but the company has stopped my benefits. What should I do?

This is not a good sign! You should first contact your employer to determine if this was a simple mistake. If not, you are likely in for a battle and should contact a workers' comp attorney. <<top>> or <<questions>>

Can I represent myself in a workers’ compensation case or do I have to hire a lawyer?

You do not have to hire a lawyer. Indeed, there are situations where it is a waste of your money to hire a workers' comp attorney. If your company admits that they are responsible for your claim, if the company is paying for all the medical expenses you incur, and if the company pays you for your lost time from work, you may not need a workers' comp lawyer. However, you should hire a workers' compensation attorney if the company denies your claim or otherwise does not comply with the requirements of the law. Workers’ compensation law is complex. There are many hidden traps that the company can spring on you. You need a workers' compensation attorney who will fight for you. <<top>> or <<questions>>

What does it cost to hire the Huffman Law Firm to represent me?

Generally, if there is no recovery for you, there is no attorney fee. Any attorney’s fees are set by the Industrial Commission. The Industrial Commission usually allows attorneys fees of about 25% of benefits recovered, plus expenses. <<top>> or <<questions>>

I am really mad about how poorly my company has treated me. Can I sue them in civil court?

Generally, you cannot file a civil law suit against your employer. Workers’ compensation provides the “exclusive remedy” for your work-related injury. However, you might have a civil claim against someone other than your employer. This is often true on construction sites. Usually there are many different companies working on a construction project. If you are injured by the negligence of another company, you can file a civil lawsuit against that other company and at the same time file a workers’ compensation case against your employer. You need to discuss such issues with a workers' compensation lawyer. <<<top>> or <<questions>>

My spouse was killed at work. What are my rights?

You may be entitled to benefits if your spouse died as a result of a work accident or occupational disease. The benefits are woefully inadequate. Unfortunately, the benefits are limited by the legislature. The spouse of a deceased worker is entitled to 400 weeks of payments at the deceased workers' compensation rate. You are also entitled to up to $3,500 for burial expenses. The deceased worker’s dependant minor children are entitled to benefits until they turn 18. If the spouse is physically or mentally disabled, he or she may receive benefits for the rest of his or her life or until remarriage. <<top>> or <<questions>>

Should I apply for unemployment compensation if I am fired or laid off, but I am still on limited or restricted duties?

If you are fired or laid off, you should NOT apply for unemployment compensation benefits unless you tell the Employment Security Commission all about your medical injuries, disabilities, and limitations. <<top>> or <<questions>>

Can I also be protected by other laws such as the Americans with Disabilities Act (ADA), COBRA medical coverage (which allows you to continue your medical health insurance coverage after your leave a job), and the Family and Medical Leave Act (FMLA)?

Yes! You should consult an experienced workers' compensation attorney. <<top>> or <<questions>>

The North Carolina Workers’ Compensation law was originally enacted in 1929. It has been amended many times since then. There are hundreds of Court of Appeals and Supreme Court cases interpreting the law. Interestingly, the Supreme Court has stated that workers’ compensation should be as “summary and simple as possible.”  It is anything but summary and simple. If you need help in navigating your case through the workers’ compensation maze, feel free to call the Huffman Law Firm, P.A. for a no cost/no obligation evaluation of your case.  Although the firm has a statewide practice, much of our work is done in the Salisbury, Rowan County; Mocksville, Davie County; Lexington/Thomasville, Davidson County; Concord, Cabarrus County; and Albemarle, Stanly County areas.