Experiencing a workplace incident can change a victim’s life in seconds. Knowing what to do if you are injured at work in North Carolina can help ensure your legal rights are protected throughout the entirety of the workers’ compensation process and your potential personal injury case. It is important to hire a workers’ compensation lawyer to help you understand your legal options.
Reach out to Law Office of Lyndon R. Helton, PLLC, to Discuss Your Case
With over 23 years of professional experience, Attorney Helton of Law Office of Lyndon R. Helton, PLLC has helped hundreds of North Carolina residents navigate their workers’ compensation claims and personal injury cases. He is dedicated to ensuring his community and neighbors never have their legal rights violated or taken advantage of.
During your confidential consultation with Attorney Helton, you will be able to describe your unique circumstances, and he can offer clear legal guidance, helping you understand what you need to take back control of your life.
Steps to Take After Being Injured at Work in North Carolina
After being injured at work, you will need to:
- Seek immediate medical attention. Be sure to mention the circumstances of your injury so your doctor can note that it was work-related.
- Inform your employer. Report the incident within 30 days, both verbally and in writing.
You can start taking time off work immediately for your recovery process. You’ll need to use sick time, vacation days, or other PTO during this time. You’ll start receiving workers’ compensation benefits 14 days after informing your employer of the incident. If you are out of work for over 21 days, you’ll be reimbursed for the first week off work.
Benefits Injured North Carolina Employees Are Entitled to
In 2023, there were 68,600 reported workplace injuries and illnesses throughout North Carolina. Of these, 24,100 cases required the employee to take time off work to recover. The industries with the highest rates of incidents included state and local government, education and health services, trade and transportation, and mining.
Knowing your legal rights is key to protecting yourself after experiencing an incident in the workplace. You’re entitled to:
- Medical treatment and rehabilitation services
- Partial wages. These are two-thirds of your average weekly wage and are paid to you weekly until you’re able to return to work in full capacity.
In North Carolina, injured employees don’t need to prove who was at fault for the incident. This allows them to receive workers’ compensation benefits easily, but it also means they can’t file a legal claim against their employer if they were the cause of the incident.
They can only file a legal claim if their employers’ intentional or reckless conduct led to the incident happening. However, if a third party caused the incident, a personal injury claim can be opened against them.
Filing a Personal Injury Claim Against a Third-Party
Injured workers have one year from the date of the incident to file a personal injury claim against the third party responsible for the incident. While this may seem like a long deadline, it’s important to file as soon as possible.
The longer you wait, the more your emotional and financial losses will continue to pile up. It will also be more difficult to preserve evidence the longer that time passes. In your case, you can request damages from the guilty party to help you recover compensation for:
- Your medical bills, including surgeries, mobility aid devices, medications, physical therapy, and mental health counseling
- Lost income due to missing work from your injuries
- Damage to your personal belongings, such as your clothing or cell phone
- Your pain and suffering
- Disfigurement
- Loss of enjoyment of life
Any compensation awarded to you in your case will be reduced by the amount of workers’ compensation benefits you receive.
FAQs
Can I Get Punitive Damages in a Personal Injury Case in North Carolina?
You may be able to get punitive damages in your personal injury case in North Carolina. Courts will only award these damages if the guilty party acted with extreme malice or negligence. Punitive damages are typically capped at $250,000, but if the guilty party was under the influence at the time of the incident, there is no cap. Punitive damages help further punish the responsible party and deter any similar behavior from happening in the future.
How Do North Carolina Courts Determine Fault in a Personal Injury Claim?
Courts in North Carolina determine fault in personal injury cases by assigning everyone involved a percentage of fault. They do this to determine who will pay the victim and how much compensation will be awarded. However, North Carolina is stricter than other states. If you’re found to be even 1% at fault for the incident, you won’t be able to recover compensation. Your attorney can help you understand whether a personal injury claim can be pursued in your specific situation.
Can I Choose My Own Doctor After Being Injured at Work in North Carolina?
You may be able to choose your own doctor after being injured at work in North Carolina. Employers typically choose providers for their injured employees to receive treatment from, but you can request a second medical opinion or a change in providers. This can be helpful if commuting to the facility is difficult or if you feel invalidated by the doctor.
What Do I Do if My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, there are steps you can take to still recover benefits. You can file a request for a hearing to appeal the denial. During this time, you can still receive medical treatment. Your doctor will only bill you directly if the appeal results in a final denial. It’s important to work with the lawyer during this time so they can represent you during your hearing.
Hire a Workers’ Compensation Lawyer to Advocate for Your Legal Rights
When you choose to work with Attorney Helton, you’ll be working with a North Carolina resident who deeply cares for the rights of his neighbors and community members. Reach out to Law Office of Lyndon R. Helton, PLLC today to schedule a confidential consultation at our office in Hickory. Our firm is proud to represent those living in Burke County, Catawba County, and Caldwell County.
