Workplace injuries tend to happen unexpectedly, and they can leave you dealing with both physical pain and financial uncertainty. One of the most common questions injured workers ask is, “Do I get paid if I get injured at work?” The short answer is yes. Injured workers typically receive compensation through workers’ compensation benefits, which provide partial wage replacement and medical coverage for work-related injuries.
However, securing the benefits you deserve can sometimes be more challenging than it should be. Insurance companies often look for ways to minimize payouts by questioning the severity of your injury or disputing whether it truly occurred at work. Employers might discourage you from filing a claim or provide incomplete information about your rights. The paperwork itself can be overwhelming, and errors involving strict deadlines and specific documentation requirements can jeopardize your claim. Working with a skilled North Carolina workplace injury attorney can help you overcome these challenges.
Understanding Your Rights If Injured at Work
When you suffer an injury at work, you have specific legal rights that protect your health and financial well-being when you’re someone else’s employee. These rights include:
- The right to file a workers’ compensation claim for a work-related injury
- The right to seek medical treatment from an approved healthcare provider
- The right to receive disability compensation if you cannot work
- The right to return to your job when medically cleared
- The right to appeal decisions if you disagree with the outcome of your claim
According to the National Safety Council, work-related medically consulted injuries cost $167 billion in 2022, including wage and productivity losses of $50.7 billion, medical expenses of $37.6 billion, and administrative expenses of $61.0 billion. These statistics highlight the significant impact workplace injuries have on both individuals and the economy.
Navigating Workers’ Compensation Benefits
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who suffer job-related injuries or illnesses. This system operates on a no-fault basis, which means you don’t have to prove your employer acted negligently to obtain benefits. In exchange for these guaranteed benefits, employees generally cannot sue their employers for workplace injuries.
Most North Carolina employers must carry workers’ compensation insurance through private insurers or state-certified compensation insurance funds. Larger employers sometimes opt to self-insure. The system aims to provide workers with appropriate medical care and financial support while protecting employers from potentially costly lawsuits.
Eligibility Criteria for Workers’ Compensation
To qualify for workers’ compensation benefits in North Carolina, you must meet several criteria:
- You must be an employee. (Independent contractors typically don’t qualify for workers’ compensation benefits.)
- Your employer must carry workers’ compensation insurance.
- Your injury or illness must be work-related. (This means it occurred while you were performing your job duties or as a direct result of your employment.)
- You must report the injury to your employer within 30 days.
- You must file a claim within the timeframe set forth in the statute of limitations. (In North Carolina, this is generally two years from the date of injury.)
Not all workplace incidents qualify for workers’ compensation. For example, injuries resulting from intoxication, self-inflicted harm, or violations of company safety policies might not receive coverage.
Types of Compensation You May Be Entitled To
Workers’ compensation can provide qualifying recipients with the following benefits:
Temporary Total Disability (TTD)
If your injury prevents you from working during your recovery period, you may qualify for Temporary Total Disability benefits. These benefits typically amount to two-thirds of your average weekly wage, subject to maximum limits set by state law. TTD benefits begin after a seven-day waiting period unless your disability lasts more than 21 days, in which case you’ll also receive compensation for the waiting period.
Temporary Partial Disability (TPD)
If you can return to work but earn less than your pre-injury wages due to restrictions, you may receive Temporary Partial Disability benefits. These benefits usually equal two-thirds of the difference between your pre-injury and post-injury wages. For example, if you earned $900 weekly before your injury but can only earn $600 after returning to light duty, you might receive $200 in TPD benefits (two-thirds of the $300 difference).
Permanent Total Disability (PTD)
For severe injuries that leave you permanently unable to work, you may qualify for Permanent Total Disability benefits. These benefits provide long-term financial support, typically at the same rate as TTD benefits, but for an extended period or even for life, depending on the severity of your disability.
Coverage for Medical and Rehabilitation Expenses
Workers’ compensation covers necessary medical treatment related to your work injury, including:
- Emergency room visits and hospital stays
- Doctor appointments
- Surgery and other medical procedures
- Prescription medications
- Physical therapy and rehabilitation services
- Medical equipment such as crutches or wheelchairs
- Mileage reimbursement for travel to medical appointments
It is worth noting that you must receive treatment from an authorized healthcare provider chosen by your employer or their insurance company. If you seek treatment from unauthorized providers, you might have to pay those expenses yourself.
Workers’ compensation also covers reasonable rehabilitation expenses that help you return to work. This might include vocational rehabilitation to help you find suitable employment if you cannot return to your previous position.
Contact Ted A. Greve & Associates
Workplace injuries create painful and frustrating situations that can affect your health, finances, and future. The workers’ compensation system can prove challenging to handle alone, especially when dealing with physical pain and recovery.
At Ted A. Greve & Associates, our experienced team includes not only skilled trial lawyers but also a chiropractic physician and knowledgeable paralegals who understand the medical and legal aspects of workplace injuries. We help clients throughout North Carolina and South Carolina obtain the workers’ compensation benefits they deserve. We take cases on a contingency fee basis, which means you pay no legal fees unless we secure benefits for you.
Protect yourself and your loved ones by calling Ted A. Greve & Associates for a free and confidential consultation. Let us handle your workers’ compensation claim while you focus on recovery.
