The North Carolina Workers’ Compensation Act was adopted in 1929 as a statutory compromise between employees and their employers. Under the Act, employees are entitled to compensation for injuries suffered on the job even if their employer was not at fault and even if the injury was due to the fault of the injured employee. However, in exchange for the right to receive compensation when the employer was not at fault, employees gave up their right to sue their employer for damages, even when the employee’s injury was due to the employer’s negligence.
Injured workers in North Carolina are entitled to compensation in three categories:
Temporary Total Disability Compensation.
Under North Carolina workers’ compensation law, if an injured employee is unable to work as a result of the injury, they are entitled to payment of two-thirds of the average amount earned prior to the date of injury. Employees who are unable to work are entitled to temporary total disability compensation until able to return to work.
Payment For Medical Treatment.
In North Carolina an injured worker is entitled to have the employer pay for all medical treatment related to the injury, for so long as the treatment provides some benefit to the employee. Even though the law requires the employer to pay for medical treatment, insurance companies commonly refuse to pay for treatment without a reasonable basis for doing so. The right to payment for medical expenses is very valuable. If the employer refuses to pay for medical treatment there are legal procedures available so that employees’ right to medical treatment may be protected.
Compensation For Permanent Impairment.
Depending on the facts of the case, North Carolina workers’ compensation law may require the employer to compensate the injured worker for any permanent impairment resulting from the injury. The amount of compensation to be paid depends on the part of the body that was injured and the severity of the injury. Certain bodily injuries commonly result in some degree of permanent impairment, such as
- Back and neck injuries
- Elbow injuries
- Shoulder injuries, including rotator cuff and labral tears
- Knee injuries, involving torn cartilage, ruptured tendons, fractured or dislocated patella
- Hand injuries
- Foot and ankle injuries
- Brain injuries/traumatic brain injuries
- Loss of hearing
Determining the amount of weekly compensation, you are entitled to receive is often confusing and complicated. Insurance companies often miscalculate employees’ weekly benefit amount. In some instances, insurance companies are very slow to approve or refuse to approve medical treatment.
Representing Injured Workers
The Law Office of John A. Hedrick, PLLC represents injured workers throughout North Carolina. Mr. Hedrick practices workers’ compensation law exclusively and limits his practice to representing injured workers. Mr. Hedrick limits the size of his practice so that he can provide each of his clients with the attention they deserve.
North Carolina workers’ compensation law is complicated. However, you have many valuable rights. If you have questions about your right to temporary total disability compensation, payment for medical treatment or compensation for permanent impairment, please contact the Law Office of John A. Hedrick, PLLC. You may contact us by telephone at 919-977-0804, email us at firstname.lastname@example.org or complete our Free Claim Evaluation form.