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Frequently Asked Questions About Workers Compensation

 

Board Certified Workers’ Compensation Lawyers

 

Workers’ Compensation is a very complicated area of law. If you’ve been injured while on the job, you will be better served to hire a board-certified workers’ compensation lawyer. Below are some common questions we get asked every day about Workers’ Compensation Insurance.

In North Carolina who is required to be covered by Workers’ Comp Insurance?

With a few exceptions, almost any company in the state of North Carolina that employs three or more workers is required to provide workers compensation insurance.  Trucking companies and true independent contractors are exempt.
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Who qualifies as an Independent Contractor in North Carolina

An independent contractor is a person who has entered into an agreement with an employer with a written or oral contract to work independently of the company. This basically means the employer has less control over the work the contractor does.  A true independent contractor is usually not covered under workers’ compensation insurance.
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How do I file for Workers’ Comp Case in North Carolina?

You will first need to file Form 18 with the North Carolina Industrial Commission.  The Industrial Commission with then notifies your employer’s workers’ compensation insurance company you have filed a claim. You should also make a copy of form 18 and give it to your employer. Make sure you give a detailed description of what caused the accident and injury.
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If my workers’ comp case is denied, what do I do?

It is very common for the employer or the employer’s insurance company to deny you, even if your workers’ comp claim is valid. At this time your best recourse before filing an appeal would be to contact a board-certified workers’ compensation lawyer.
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Are there time limits for filing my workers’ compensation case?

Injured employees should file their injury by accident claim within 30 days of the injury.  There are other stipulations that should be discussed with a board-certified worker’ comp attorney
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What medical treatment will I receive?

Your employer and, or the workers’ comp insurance company will be responsible for paying for your medical treatment related to your work injury. You will only receive treatment for the injuries that are, directly related or consequential to the injury. 
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How long will my medical treatment last?

Your right to medical treatment ends two years after the last payment of medical or wage benefit replacements. This should be heavily considered when you are accepting the payment of a permanent partial disability rating. 
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Can I choose my own doctor for my workers’ comp medical treatment?

The employer and the insurance company have the first opportunity to choose the doctor who you receive medical treatment from. If can ask the Industrial Commission to change doctors, if you can demonstrate it will cure the injury, help reduce pain and or help you return to work. Injured workers may also ask for second opinions on their diagnosis with another doctor and for a second opinion with the doctor of their choosing. 
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What if I am denied medical treatment by my employer?

Often, employers or their insurance companies will refuse to authorize medical treatment that has been prescribed by the selected attending physician. If should happen a medical motion would need to be filed with the Industrial Commission asking them to approve treatment. 
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Who determines if I am entitled to receive workers’ compensation insurance?

As a general rule, the attending physician authorized by your employer or their insurance company will make that decision. If you disagree with the decision, the Industrial Commission will make the determination.
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King Law Firm has been helping North Carolinians with work injuries for over 30 years. We have the experience and the resources to assure you have the best outcome on your workers’ compensation claim. Call our office for a free, no-obligation case review.

(800) 635-1683

Below Are Some Of The Most Common Types Of Workers’ Compensation Injuries

Overexertion

It is often caused when an employee pulls, pushes lifts or carries some type of object that can result in sprained or torn muscles, ligament and tendons which in some cases leads to serious back injuries. This probably the most common work injury.

Slip And Falls

A slip and fall accident can happen on almost any type of job.  Warehouse workers, construction workers, and even office workers.  Often people spill food and drink that isn’t cleaned up or the flooring is not maintained and workers slip and fall when doing their daily routine. This can cause sprained or torn ligaments, spinal cord damage, or even more serious head injuries and bone fractures.

Repetitive Motion

Many professions require a worker to perform the same action or movement many times over. This can result in neck, arm, shoulder and wrist injuries and sometimes problems with vision. Carpel Tunel Syndrom is one of the most common work injuries experienced.

Falling Objects

A worker can experience Fractures, neck injuries, back injuries or even brain damage when injured by objects that fall from forklifts, shelves or pallets, ladders, and upper-level work areas.

Falls From Heights

Workers can fall from high equipment, roofs, multi-level inventory areas, ladders, scaffolding, and falls down stairs, which can result in life-altering injuries or even deaths.

Vehicular Accidents

When workers are driving company vehicles such as trucks, cars, vans tractors, forklifts, and heavy machinery, crashes can occur with a deadly outcome for the workers.

Contact Our Board Certified Workers’ Compensation Lawyers Today

 

 (800) 635-1683

Below Are Some Of The Most Common Types Of Workers’ Compensation Injuries

Overexertion

It is often caused when an employee pulls, pushes lifts or carries some type of object that can result in sprained or torn muscles, ligament and tendons which in some cases leads to serious back injuries. This probably the most common work injury.

Slip And Falls

A slip and fall accident can happen on almost any type of job.  Warehouse workers, construction workers, and even office workers.  Often people spill food and drink that isn’t cleaned up or the flooring is not maintained and workers slip and fall when doing their daily routine. This can cause sprained or torn ligaments, spinal cord damage, or even more serious head injuries and bone fractures.

Repetitive Motion

Many professions require a worker to perform the same action or movement many times over. This can result in neck, arm, shoulder and wrist injuries and sometimes problems with vision. Carpel Tunel Syndrom is one of the most common work injuries experienced.

Falling Objects

A worker can experience Fractures, neck injuries, back injuries or even brain damage when injured by objects that fall from forklifts, shelves or pallets, ladders, and upper-level work areas.

Falls From Heights

Workers can fall from high equipment, roofs, multi-level inventory areas, ladders, scaffolding, and falls down stairs, which can result in life-altering injuries or even deaths.

Vehicular Accidents

When workers are driving company vehicles such as trucks, cars, vans tractors, forklifts, and heavy machinery, crashes can occur with a deadly outcome for the workers.

Contact Our Board Certified Workers’ Compensation Lawyers Today

 

 (800) 635-1683

Don’t Trust Your North Carolina Workers’ Compensation Case With Just Any Attorney.

Attorneys Ken and Leah King are Board Certified Workers’ Compensation Lawyers

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Offices Conveniently Located Across Eastern North Carolina

Jacksonville Office
112 Old Bridge Street
Jacksonville, NC 28540
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Wilmington Office
1135 Military Cutoff Rd, Suite 203
Wilmington, NC 28405
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Greenville Office
1035 Director Ct,
Suite A,
Greenville, NC 27834
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Raleigh Office
4030 Wake Forest Rd
Suite 210,
Raleigh, NC 27609
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4200 Morganton Road
Suite 200-6
Fayetteville, NC 28314
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3186 Zebulon, Dr.
Rocky Mount, NC 27804
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1800 West City Drive
Suite A
Elizabeth City, NC 27909
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790 Cardinal Road
Suite 6
New Bern, NC 28562
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Pinehurst Office
4200 Morganton Road
Suite 200-6
Fayetteville, NC 28314
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