- What is a workers' comp claim?
If you are hurt on the job you may have a workers' comp claim. The injury can be an "accident" (something that happens suddenly or unexpectedly) or it can be an "occupational disease" (an injury that develops gradually over a period of time.) - What's the first thing I should do?
Notify your employer (supervisor or safety director) immediately. Fill out an accident report. Seek medical attention. File a Form 18 with the Industrial Commission. - What benefits could I be entitled to?
Your employer (or its insurance company) should pay your medical bills. If you are out of work for more than 7 days you should also receive weekly benefits until you return to work. The amount of the check should be 2/3 of your average weekly wages. If you have any degree of permanent injury, you are also entitled to additional benefits for that. In some cases you may be entitled to lifetime benefits. - Do I have to file a lawsuit?
These cases are not heard in the regular North Carolina Courts but are handled by an administrative agency, the North Carolina Industrial Commission. The procedures are less formal than those in state courts are. Many workers' comp cases are negotiated and settled without a hearing. Only in very limited situations are you entitled to sue your employer directly, without going through the Industrial Commission. - Can I be fired?
No. There is a North Carolina statute that says you can not be fired or discriminated against for filing or pursuing your workers' comp case. - Do I need a lawyer?
Not in every case. However you can not necessarily trust your employer or its insurance company to watch after your best interests. Even if an employer initially agrees to cover the medical bills, many disputes can still develop where you would need an attorney's assistance, such as disagreements over when to return to work, physical limitations, change of physicians, the degree of permanent disability, and whether your case should be settled in a "clincher agreement" or an "open-ended" agreement. You could lose many important rights if your case is not handled properly from the very beginning. - How much are the attorney's fees?
All fees are set by the Industrial Commission. The fees are generally lower than the 33% routinely charged in personal injury (non-workers' comp) cases such as auto accidents. It is illegal for an attorney to charge you a fee until the amount has been approved by the Industrial Commission. We generally charge 20% if the case is settled, and 25% if a hearing is held. - How long will my case take?
Every case is different. The length depends upon the reasonableness or unreasonableness of the insurance company, the particular facts of your case, the length of time you need medical treatment, whether a hearing has to be held, whether the decision is appealed and other factors. - Can I choose my own doctor?
If your employer, or its insurance company, admits liability in your case, it will generally direct your medical treatment. However, if you are not satisfied with your treatment you may request authorization from the Industrial Commission to change physicians.
Workers' Compensation General Information
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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