North Carolina Workers Compensation Laws 2024 Explained

Workers in North Carolina who get injured on the job or suffer from work-related illnesses can receive workers’ compensation benefits to cover associated damages. The workers’ compensation program in North Carolina ensures that injured workers receive critical access to medical treatment and income coverage while they’re out of work. Understanding North Carolina workers’ compensation laws can aid workers with receiving the benefits they’re entitled to.

An Overview of North Carolina Workers’ Compensation

The workers’ compensation system is based on legislation that requires employers who hire three or more employees to purchase workers’ compensation insurance. By having workers’ compensation insurance, workers who get injured on the job or fall ill with work-related illnesses can receive access to critical benefits, such as lost income and medical expenses, to help them recover.

The North Carolina workers’ compensation system is no fault, which means that workers who were found to be liable for causing the accident that led to their injuries can still receive compensation. Workers’ compensation insurance also provides a legal safety net to employers, meaning that they cannot be sued by injured workers even if they were found to be negligible before the accident.

In some cases, employers are subject to legal claims by employees who have received workers’ compensation benefits. Such instances are rare. By working with an experienced workers’ compensation lawyer, injured workers can understand the different legal options they have for pursuing compensation for damages.

Qualifying for Workers’ Compensation Benefits

In North Carolina, workers are protected under workers’ compensation laws, despite the number of hours they’re working in their legal status. Workers’ compensation laws cover workers who are seasonal, part-time or full-time.

As discussed above, employers who hire three or more employees are required to have workers’ compensation insurance for their workers. For certain industries, such as manufacturing or construction, the three-employee requirement may be subject to change.

Independent contractors, some agricultural employees, and domestic workers are generally not covered under workers’ compensation laws. However, it is possible that employees can be misclassified, meaning that they lose access to critical benefits they are entitled to. An experienced workers’ compensation lawyer can ensure your position has been correctly classified so you can receive compensation.

North Carolina Workers’ Compensation Benefits

Under North Carolina workers’ compensation laws, injured workers can receive a myriad of benefits, depending on the severity of their injuries and the amount of time they are out of work. Specifically, associated benefits include the following:

• Medical costs. Workers’ compensation pays for associated costs with a workplace-related illness or injury. Medical coverage includes payments for clinic visits, surgery fees, hospital bills, medications and medical devices, rehabilitation, diagnostics, and other medical treatments. In North Carolina, the workers’ compensation insurance company or the employee usually chooses the healthcare service provider who will provide treatment.
• Temporary disability benefits. Workers’ compensation can cover temporary total disability (TTD) and temporary partial disability benefits (TPD). TTD is for employees who are completely out of work due to their workplace injuries, while TPD is for people who can still work but are not able to carry out these same tasks or work the same number of hours. Both types of benefits are intended to supplement income.
• Permanent disability benefits. Individuals who have been permanently partially or fully disabled can receive long-term compensation for such losses. Permanent disability benefits are typically determined through a specific medical evaluation that assigns an impairment reading to the part of the body that is affected.

In some tragic cases, workers may pass away because of their workplace-related injuries. If you have lost a loved one due to a workplace accident, your family is likely entitled to extensive death benefits under workers’ compensation. Death benefits can include funeral and burial expenses as well as financial support to make up for wages the accident victim was providing.

FAQs

Q: How Does Workers’ Comp Work in NC?

A: In the state of North Carolina, workers who fall ill or get injured on the job can receive workers’ compensation benefits to account for their damages. Workers’ compensation benefits include rehabilitation costs, medical costs, and income loss due to being out of work. As workers’ compensation is a no-fault system, injured workers can receive benefits even if they are found to be at fault for the incident.

Q: What Is North Carolina Workers’ Compensation Law?

A: In North Carolina, workers’ compensation law states that employers who hire three or more employees are legally obligated to purchase workers’ compensation insurance. Under the law, injured workers are entitled to compensation for medical expenses, lost income, and other damages they may face after a workplace accident. The North Carolina Industrial Commission oversees the administration of workers’ compensation benefits.

Q: How Many Employees Are Required for Workers’ Comp in North Carolina?

A: In North Carolina, employers that have three or more employees must have workers’ compensation insurance to cover their employees in the event they are injured or fall ill on the job. There are certain exceptions to this, such as if employers are hiring specific types of agricultural workers, domestic workers, and if the business has less than three employees. Employers who do not have adequate workers’ compensation insurance can face significant penalties.

Q: Does My Employer Have to Hold My Job While on Workers’ Comp in NC?

A: No, if you are receiving workers’ compensation benefits in North Carolina, your employer is not required to keep your job for you. However, depending on the details of your case and the size of the company, your employer may be obligated to hold your job under federal law, such as the Family and Medical Leave Act and the Americans with Disabilities Act. An experienced workers’ compensation lawyer can help you understand your rights while on leave.

Receive Critical Compensation You Are Entitled to With the Support of an Attorney

If you’ve been injured in an accident in North Carolina, it is critical to exercise your rights and obtain the workers’ compensation benefits you are entitled to. An experienced workers’ compensation lawyer from Butler, Quinn & Hochman, PLLC, is here to work closely with you to understand the details of your case and actively address any questions or concerns you may have. Contact us today to pursue optimal compensation for your workplace injuries.