The laws require that your employer, or your employer’s insurance company, compensate you, or your family, for injuries or death that occur during the performance of your job. Under the Workers’ Compensation program, you may be entitled to benefits that include:
- Weekly benefits while you are temporarily totally disabled and unable to work.
- Payment of your medical expenses.
- Weekly payments or a lump sum payment for partial or total disability resulting from a work related injury.
- Mileage if you have to drive more than 20 miles rountrip
You must report your on the job injury swiftly and to the Industrial Commission. You have a duty to complete a Form 18. (Employees notice of Injury to the North Carolina Industrial Commission). Please remember you must not rely upon your company to report your injury to the North Carolina Industrial Commission. Often workers’ compensation claims become complicated simply because of poor reporting of the injury itself. In fact, if you don’t report your claim immediately, you may not be able to file later or if you do file, proving your claim may be much more difficult. Compensable workplace injuries include most back or hernia injuries, regardless of the cause, other injuries such as broken bones or injuries to caused by injury by accident. Injuries to the back or a hernia are compensable as long as they are the result of a specific traumatic event. A specific traumatic event can occur in such situations as lifting a heavy object and immediately having pain. All other injuries must be either an injury by accident or an occupational disease. An injury by accident is one in which the behavior is outside of the normal course of work. Delay in receiving medical attention either due to nervousness about the reaction of the employer or simply hoping that the injury will go away on its own is another major problem in most workers’ compensation cases. The injured worker has a duty to prove his/her claim and delay in medical care or If you have had a serious injury, do not settle your case without the advice of any attorney who practices in this area. A settlement in a workers’ Compensation case is often called a clincher. By signing the clincher you may be waiving compensation that you are already due. There is no fee to call our office and discuss your workers’ compensation claim. At O'Malley Tunstall we speak with injured workers quite often that may not need an attorney to resolve their issues. If we can assist you, we will not hesitate to put you in touch with the correct person at the North Carolina Industrial Commission.