North Carolina
Workers’ Compensation Lawyer
A work injury can stop your paycheck, pile up medical bills, and put your family under strain. If you were hurt on the job in North Carolina, you may be entitled to workers’ compensation benefits under North Carolina law. Connect with a workers’ compensation attorney who will help you file properly, push insurers to approve treatment, and protect the wage benefits you’re owed. .
Injured on the Job in North Carolina? Know Your Rights.
Most North Carolina employers must carry workers’ compensation coverage that pays medical care and wage-loss benefits for employees injured on the job—regardless of who caused the accident. But valid claims are often delayed or denied when paperwork isn’t filed correctly or deadlines are missed. Notifying your employer promptly (ideally within 30 days) and filing a formal claim (Form 18) with the North Carolina Industrial Commission within the required time window are critical steps. We can help you do both.
What Workers’ Comp Covers in North Carolina
Workers’ compensation is generally a no-fault system: you don’t have to prove your employer was negligent to qualify. Eligible benefits may include:
01
Medical Treatment
for the work-related injury or occupational disease (doctor visits, hospital care, surgery, meds, therapy—subject to Commission rules and authorized providers).
02
Wage Replacement (Temporary Total or Partial Disability)
Typically two-thirds (66 2/3%) of your average weekly wage (AWW), up to a state-set maximum that changes annually. Waiting period: no wage benefits for the first 7 days unless disability lasts 21+ days, at which point those days are paid retroactively.
03
Permanent Partial Disability Awards
based on impairment ratings and scheduled weeks for affected body parts; lump-sum settlements possible.
04
Extended / Permanent Total Disability
Longer-term weekly benefits may be available in severe cases, subject to statutory duration limits (often up to 500 weeks for post-June 24, 2011 injuries, with potential extensions)
05
Death Benefits
to eligible dependents when a work injury or occupational disease is fatal.
Our Role in Your Workers’ Comp Case
The system is supposed to be straightforward—but insurers regularly dispute claims, delay treatment, or underpay wage benefits. Here’s how we help injured workers in Halifax & Northampton Counties:
- Timely, Correct Filing: We prepare and submit the required
Form 18 to the N.C. Industrial Commission and serve your employer—meeting notice and claim deadlines.
- Medical Authorization & Treatment Disputes: We press carriers to authorize needed care and can request hearings if treatment is denied or delayed.
- Average Weekly Wage Accuracy: Insurers sometimes low-ball AWW; we gather payroll, overtime, and bonus records to ensure the correct compensation rate (2/3 AWW, capped annually).
- Hearings & Appeals: If your claim is denied (Form 61) or benefits stop, we can request a hearing before a Deputy Commissioner (Form 33) and present medical and wage evidence on your behalf.
Workers’ Comp vs.
Personal Injury: What’s the Difference?
Workers’ compensation is typically your exclusive remedy against your employer for on-the-job injuries—you usually cannot sue the employer for pain and suffering. In exchange, you do not need to prove employer fault to receive medical and wage benefits. However, if a third party (not your employer or co-worker) caused your injury—say you were driving a company truck and were hit by another driver—you may pursue a separate personal injury claim against that party while still receiving workers’ comp benefits. Coordinating these claims correctly protects your right to full recovery and addresses workers’ comp lien issues.
FAQs: Workers’ Compensation – Halifax & Northampton County
What should I do right after a work injury?
Notify your employer as soon as possible (preferably written notice within 30 days), get medical care, and file Form 18 with the Industrial Commission to protect your claim rights.
My employer says we don’t need to file a claim—they’ll “take care of it.” Should I agree?
No. Without a timely Form 18 filing, your claim could be lost or time-barred. Always file with the Industrial Commission and keep copies.
Workers’ comp sent me to their doctor, but I want a second opinion. Can I get one?
You may request an independent medical exam or change of physician; approval from the Industrial Commission may be required, and legal help improves your chances.
What if my claim is denied?
You can challenge a denial by filing a request for hearing (Form 33) before a Deputy Commissioner. We gather medical and wage evidence and represent you at the hearing.
How much will my wage benefits be?
Weekly compensation is generally 66 2/3% of your average weekly wage, subject to state minimums and a maximum that changes each year. Accurate wage calculation matters—insurers don’t always get it right.
Will I get paid for the first week I’m out of work?
North Carolina has a 7-day waiting period; if you’re out more than 21 days, those first 7 days are paid retroactively.
Can I be fired for filing a workers’ comp claim?
Retaliation for exercising workers’ comp rights is unlawful; speak with an attorney if you suspect retaliation or pressure not to file.