Charlotte Injury Lawyers Blog
Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”
The American workforce has been known for taking pride in their work. We work hard to accomplish our goals, and we take pride in our work ethic. In return, workers deserve protection from injury whenever possible, and compensation for their losses when they are injured on the job. When an accident occurs on the job and a worker incurs a personal injury as a result, employers in North Carolina are almost always required to compensate workers for medical bills and other expenses through a system of workers’ compensation.
North Carolina law outlines systems and regulations regarding the payment of workers’ compensation following a personal injury on the job. While the law requires most employers in the state to hold workers’ compensation insurance, there are instances in which the claims are denied or employer’s fail to follow through. In these instances, employing the services of an experienced personal injury attorney is advised.
For workers in North Carolina, consultation with legal professionals is always the best course of action. However, there is some general information about workers’ compensation laws in North Carolina that all residents should have in their back pocket. The following is some general information about North Carolina workplace injury laws.
Time Limits for Workers’ Compensation Claims in North Carolina
The North Carolina Workers’ Compensation Act sets time limits for individuals to file claims in the state. After incurring a personal injury on the job, employees have 30 days to notify their employer. In addition, workers have two years to file an official workers’ compensation claim.
Injuries Covered in Workers’ Compensation Claims
In North Carolina, a disability resulting from occupational diseases may be covered under a workers’ compensation policy. Examples of occupational diseases include asbestosis and silicosis. In addition, accidental personal injuries also may be covered, provided the injured worker was not acting in a negligent manner that resulted in the accident.
Some residents may not be aware that mental injuries are considered a subset of occupational injuries under North Carolina law. Plaintiffs, along with their personal injury attorney and legal team, must be able to show the courts that the work was a contributing factor to their mental illness.
Workers’ Compensation Benefits in North Carolina
Injured workers in North Carolina may be eligible for a variety of benefits, including vocational rehabilitation services, wage replacement compensation, and medical treatment. North Carolina’s wage replacement system allows for injured workers to receive 66.6% of their average weekly wage, up to a specific ceiling. If your personal injury is severe enough to prevent you from returning to your previous job, vocational rehabilitation services may be made available to help you find and prepare for a new job.
When to Call a Professional
In the event a workers’ compensation claim is denied, you are entitled to request a hearing to state your case. This is something that the average resident may not feel well equipped to manage on their own. Therefore, the attorneys at Arnold & Smith, PLLC continue to work with residents in the Charlotte region and across North Carolina to fight for their rights to fair compensation. Contact Arnold & Smith, PLLC today to get the process started. Call (704) 370-2828 to receive a video, phone or in-person consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://statelaws.findlaw.com/north-carolina-law/north-carolina-workers-compensation-laws.html
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_97.pdf
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Common Accidents on the Job: A Resource for North Carolina Workers