Workers' Compensation FAQ
- What is workers' compensation?
- What is considered a compensable injury?
- What is an occupational disease?
- When am I eligible for mileage reimbursement?
- When will I be eligible to receive lost wage compensation?
- What are an employer's responsibilities after a work-related injury occurs?
- I received a Form 18 from my employer. What is it and what should I do?
- What if my spouse has passed away due to a workers' compensation injury?
- Is my employer required to have workers' compensation insurance?
- Click to visit our firm's Main FAQ for general case or firm questions.
What is workers' compensation?
Workers' compensation is a state required insurance program that provides money and medical
benefits to employees who have been injured as a result of a work-place accident or occupational
disease. Workers' compensation is required for employers with 3 or more employees and is designed
to protect workers against the hardships that can arise out of a work environment injury or death.
Those hardships can include medical expenses, lost wages, and life-long disability or illness.
What is considered a compensable injury?
Any injuries or illnesses received as a direct result of a work-place accident or from long-term
exposure on a work site are considered compensable injuries under North Carolina
workers' compensation laws.
What is an occupational disease?
An occupational disease is any chronic ailment that occurs as a result of work activity or environment,
and can include lung damage (asbestosis, byssinosis, etc), lead poisoning, skin irritation (eczema,
severe sunburn and/or skin cancer), and carpal tunnel. These conditions are covered under workers'
compensation insurance laws.
When am I eligible for mileage reimbursement?
Any employee traveling round trip 20 miles or over for medical treatment or job searches and interviews,
may receive mileage reimbursement. As of January 1, 2010 the current reimbursement rate for travel
over 20 miles is $0.50 per mile.
When will I be eligible to receive lost wage compensation?
If an employee has been placed out of work by their physician then they could be eligible to receive
compensation of their lost work wages. Compensation for lost time will not include the first seven
days of lost time unless the employee's disability exceeds 21 days. Thus, the first lost wages compensation
check will not include the first 1-7 days of lost wages. Upon reaching 21 days of disability and continued
out of work placement by a physician, payment for days 1-7 will be made to the injured employee.
An employee should expect to receive their lost wage compensation check on a weekly basis unless
otherwise set by the NC Industrial Commission.
What are an employer's responsibilities after a work-related injury occurs?
In event of a work injury, an employer should take an accident report and notify their employee of their
rights and responsibilities. An employer should also monitor any lost time by the employee due to
the work related injury.
I received a "Form 18" from my employer. What is it and what should I do?
A Form 18 is a form that notifies the North Carolina Industrial Commission and a company's
workers' compensation insurance company, that a work related accident or illness has occurred.
Every injured employee is required to file a form 18. It is imperative that this form be filed properly,
listing all body parts injured, and that a copy is sent to all parties. Brumbaugh, Mu & King, P.A. will
be happy to file this form for you upon obtaining our legal services.
What if my spouse has passed away due to a workers' compensation injury?
If your spouse has passed away due to a workers' compensation injury then there could be additional
benefits or compensation due to you, such as wrongful death benefits. Special benefits could be received
by a spouse, next of kin, and/or any surviving children under the age of 18.
Is my employer required to have workers' compensation insurance?
Normally, all employers in North Carolina are required to carry workers' compensation insurance
if they staff 3 or more employees. However, there can be exclusions. Such exclusions could include
domestic servants and some farm hands.
Since a workers' compensation claim can be quite complicated, it is important that you obtain
aggressive representation that understands the North Carolina labor laws and can handle your
workers' compensation claim confidently. Contact Us Today!
If you or a loved one has been injured in a work related accident, then we urge you to call
one of our North Carolina Workers' Compensation Attorneys today at (800) 635-1683!
We're available 24 hours a day, 7 days a week to answer all of your legal questions!
Visit our North Carolina Workers' Compensation page for more information!