WORKER’S COMPENSATIONInjuries resulting from workplace accidents tends to be expensive to treat. This is most notably the case for workers who need to have time off to recover from their injuries. If you have been injured on the job find out what your rights are. and what assistance may be available to you.
Worker's Compensation - Durham Worker's Compensation Lawyer.
Each and every day, North Carolina workers are injured while on the job. Generally, if you have been injured while at work, your exclusive remedy is to file a Worker's Compensation claim. Being injured and then facing the worker compensation process can be a terribly scary and stressful process.
It is very important to remember that as an employee, you may be entitled to workers’ compensation benefits if you have been injured in the course and scope of your employment. If order to be compensated for your worker place injuries Pierce Law Offices's Worker's Compensation Lawyer must ensure that each and every element of your claim is proven.
If you have been injured on the job, you must give notice to your employer of your injuries by filing written notice. It is essential that this notice be filed within 30 days of the date of the accident. However, there is an absolute limit of two years for filing a written notice.
Worker's Compensation in Durham, NC
Being injured on the job can leave you and your family facing terrible financial hardships. If you have been injured on the job talk to a Durham Worker's Compensation Lawyer about your case and the injury sustained on the job or from an occupational illness. Talk to Attorney J. Wallace Pierce about your Durham Worker's Compensation case today!
Sole Remedy for Injured Workers
Workers’ compensation is generally considered an injured employee’s sole available remedy. What is actually means is that except for a few exceptions, an injured employee is only entitled to workers’ compensation benefits and nothing else.
It is important to note that because a worker's compensation claim is considered the sole remedy for an injured work that worker's compensation claims are treated very differently from other injury cases, like negligence case for car accidents. Instead in worker's compensation, negligence of the employer in creating or causing a work place accident is not a factor in determine the worker's compensation claim.
According to the current system, in exchange for the relative ease of making the employer liable, the legislature limited the benefits the worker could receive. Workers’ compensation provides two primary benefits to the injured employee. First, all injury-related medical expenses are paid by the insurance company. This can include medical prescriptions. To a great extent, the insurance company directs the medical providers you see. However, you do have the right to request an alternate opinion as well as to request a change of a physician. If the insurance carrier refuses, the next step is to make a motion to the Industrial Commission for approval of your choice of a physician.
Furthermore, the insurance company will pay disability benefits. Disability payments encompasses two thirds (66.66%) of an employee’s typical gross average weekly wage or salary. It is important to remember that If an injured employee is out of work on account of an injury for longer than seven days, the insurance company will begin to pay temporary total disability payments for each day thereafter so long as the doctor keeps the employee out of work with a written note.
The worker may not entitled to payment for the first seven days of missed work unless the worker is subsequently out for more than 21 days. However, if an employee has a permanent injury to a particular part of the body, then the employee is eligible for additional compensation under the Worker's Compensation Act that calls for Permanent and Partial Disability. Additionally, if an employee is found to be totally and permanently disabled, then he is entitled to lifetime benefits which include future medical expenses and disability payments.
Please remember that Workers’ Compensation does no compensation workers for their pain and suffering.