General Information About Workers' Compensation Claims
What is workers' compensation?
Workers' compensation is a system of medical and disability benefits for persons injured at work. The system also provides benefits for workers who develop an occupational disease as a result of their employment.
Injured workers can receive weekly temporary total disability ("TTD") benefits, equal to two-thirds of their average weekly wage, for as long as they are out of work under a doctor's care. Injured workers may also be entitled to medical treatment needed to heal their injuries and return them to work. Finally, workers may be entitled to a lump sum award for permanent impairment caused by their injuries.
What makes a injury "compensable," or covered by workers' compensation?
In general, an injury must result from an "accident" to be compensable under the North Carolina Workers' Compensation Act. In workers' compensation, an accident is an unexpected event -- a trip and fall, for example -- that interrupts the usual work routine. For back injuries, however, the worker need only experience a "specific traumatic incident," such as a sudden onset of pain while performing routine lifting.
The injury must also arise out of and in the course of the employment. Generally speaking, an injury "arises out of" employment when it results from a risk inherent to the job and not common to the public. An injury is "in the course of" employment when it occurs at a place and time during which the employer's business is being furthered.
What is an occupational disease?
Diseases or conditions that arise slowly or over a period of time can be compensable under workers' compensation. The job must place the worker at an increased risk of contracting the disease compared to the general public. Moreover, the hazards of employment must significantly contribute to the occupational disease. If these criteria are met, the worker may very well have a compensable occupational disease.
Martin & Jones was founded as a firm concentrating its practice on occupational disease claims. Textile workers exposed to cotton dust contract a condition known as byssinosis, or brown lung. Workers exposed to asbestos many years ago in factories, in shipyards, on ships, at construction sites, and on other jobs can develop asbestos-related diseases. Many workers exposed to asbestos develop asbestosis, mesothelioma, lung cancer, and other cancers.
Some workers have been exposed to chemicals in the workplace -- such as nickel and chromium -- over long periods of time, which can lead to cancer or other debilitating conditions. Workers who have jobs in factories and in offices where they use their hands in a repetitive manner can contract a condition known as carpal tunnel syndrome.
What should I do if I am injured on the job?
If you are injured on the job, you should report the injury to your employer immediately, preferably in writing, with the names of any eyewitnesses. Second, file a claim with the North Carolina Industrial Commission by submitting a Form 18 as soon as possible. You can download a Form 18 from the Industrial Commission website. Obtain medical treatment as soon as possible and cooperate with your doctors.
If you have any questions or are concerned about the process, contact an experienced attorney.
What is the North Carolina Industrial Commission?
The North Carolina Industrial Commission (NCIC) is a state agency charged with the duty of regulating and overseeing workers' compensation claims filed in North Carolina. Disputes over an employee's right to workers' compensation benefits are handled at the Industrial Commission. The Industrial Commission is located at 430 N. Salisbury Street, Raleigh, North Carolina 27611. The phone number is (919) 807-2500. The Information Specialists' number is: (919) 807-2501.
