Jun 15, 2023 | Workers' Compensation
Getting injured at work is something no one expects to happen. However, if you get injured at work, you probably assume that your company has a way of seeing that you are compensated for the situation. In North Carolina, this is required by law for all employers with more than three employees. There can be a few problems that arise, though, with workers’ compensation.
One issue is that many employers aren’t sure what workers’ compensation should cover. Another issue is that the compensation is fulfilled by an insurance company whose profits are negatively impacted by every claim you make. The combination of these two issues results in employees often not getting everything that they are owed. A good workers’ comp attorney in Hickory, NC, can help with these kinds of issues.
The workers’ compensation law in North Carolina sets strict guidelines about what is and isn’t covered by workers’ compensation. This means you must be careful when speaking with an insurance agent, as they may try to get you to say something that can hurt your case. In general, there are four conditions that must be satisfied for an injury to be covered by workers’ compensation. They are:
If you accidentally make it sound like your injury doesn’t fit into one of these categories, it’s possible that the insurance company may try to reject your claim on those grounds. If you think you might be in this situation, be sure to seek legal help.
Employers may always choose to cover more than just what the law stipulates, but according to the law, there are a few specific areas that workers’ compensation must address. These include:
A: The “going and coming” rule addresses the question of whether or not an employee should be compensated for injuries that happen in the course of heading to work or returning home. The rule says that these injuries do not need to be compensated, as they do not arise out of or in the course of employment. There are, however, three exceptions to the rule:
A: Worker’s compensation can cover a few different categories of costs related to workplace injuries, including:
A: An injury in the workplace carries costs that extend beyond the financial. Things like physical pain and mental suffering can weigh on a person. The financial disruptions and stress on personal relationships are further difficulties created by the workplace accident. Despite all this, North Carolina law does not require compensation for pain and suffering.
A: There are a few groups of employees whose employers are not required to provide workers’ compensation:
Workers’ compensation is paid out by an insurance company. It’s important to remember that insurance companies make more money by paying out less. So, if you are owed workers’ compensation, it’s important that you get a firm understanding of what you are owed and keep track of what you are paid. If you need help to understand what you should be receiving in your situation or help to ensure you are given what you are owed, a good employment lawyer can help. At Helton, Cody & Associates, PLLC, we offer our services to Burke County, Catawba County, and Caldwell County. Contact us today if this sounds like what you need.