Understanding North Carolina Workers’ Compensation Eligibility
How can you determine whether you, a family member, or a co worker may be eligible for North Carolina workers’ compensation benefits?
State law construes eligibility broadly. The law gives claimants significant leeway to make claims for benefits to cover lost wages and medical bills. As long as you suffered an injury on the job and as long as your sickness or injury was not caused by gross misconduct on your part, chances are you will qualify. (Of course, you must have sustained your injury/illness while working for your present employer to collect benefits from that company or from its insurers.)
If you got injured on the way to work or while travelling on a work function, will you qualify?
In most cases. As long as you were engaged in a work related activity, you should be eligible for North Carolina workers’ compensation benefits. Moreover, if your employer (through intentional misconduct or gross negligence) caused or aggravated your injury or illness, you may be entitled to extra benefits, such as double payments.
What kind of injury might constitute an actionable damage?
In general, the injury or illness must be significant. For instance, bruises, contusions, fractures, repetitive stress injuries, mental/emotional trauma, and back problems such as sciatica can all be grounds.
Will your eligibility last indefinitely?
No. You must file a claim within a designated time limit or your claim may be denied, or your benefits may be slashed or reduced. Moreover, just because you qualify for benefits now doesn’t mean that the employer or insurer will cooperate for the life of the claim. And, of course, each North Carolina workers’ compensation case is different and thus requires nuanced handling.
Given all these factors, it generally makes sense for claimants (or even potential claimants) to discuss their issues with a qualified North Carolina workers’ compensation attorney.
Web Resources:
North Carolina Industrial Commission
Who is covered under Workers’ Compensation
