Helpful Tips in NC Workers’ Compensation Cases
Several factors may affect your Work Comp case in North Carolina. Some are more obvious than others.
In reviewing a case for legal representation, we consider things such as the nature of your injury, what caused it, and how serious it is.
It’s important to carefully consider how long you might be out of work, making certain you receive proper medical care and follow-up treatment and therapy.
Long term considerations are also important, especially those involving long-term medical care, extensive physical therapy, and possibly repeated surgeries over time.Is My Accident Covered Under the NC Workers’ Compensation Laws?
As you might imagine, not every workplace injury is protected under the NC Work Comp laws.
Attorneys who help employees hurt at work may refer to it as the “Act,” meaning Article 1, Chapter 97 of the North Carolina General Statutes, the Workers’ Compensation Act.
Although formally called the Workers’ Compensation Act, some people still refer to it as Workman’s Compensation or Workmen’s Compensation.
Accidents are ordinarily considered unexpected things that may affect the work routine.
Proving negligence may not be necessary in a Comp claim in NC.What is the Average Weekly Wage?
Calculation of the Average Weekly Wage in North Carolina is an important aspect of the value of your claim.
Work Comp lawyers in North Carolina may refer to your Average Weekly Wage using the shorthand AWW.
It determines, at least in part, how much the employer is responsible for paying for a period of unemployment or the inability to work due to getting hurt on the job.
Covering lost wages due to the injury is affected both by the amount of time you are out of work and your calculated Average Weekly Wage (AWW).
In the event your employer reimbursed or paid you for things like mileage, expenses, per diem, or lodging, that could be deemed part of your wages and therefore increase the Average Weekly Wage amount.
Small differences in the AWW amount can make a tremendous difference in the value of your claim for compensation.What Happens if I Have a Previous Injury?
You may not be automatically disqualified from making a claim simply because you have had medical treatments in the past or a history of problems with the part of your body hurt in the workplace injury.
At the same time, prior injuries and accidents can affect negotiations regarding the case, how the insurance adjuster views the claim, and whether the employer ultimately settles the case.
What is a Reasonable Accommodation?
"If you are injured at work, you should be fully and fairly compensated for your losses."
- Kevin Jones, Workers Compensation Lawyer Jacksonville NC
Part of the Workers’ Compensation Act provides for returning the injured employee to employment, understanding there may be certain work restrictions after an accident.
Those restrictions, or special terms of employment, may be a type of accommodation.
They can include things like limiting the amount of weight to be lifted, providing a chair to sit during work-periods, and the opportunity to take brakes and stretch, as the need may be.
Sometimes the employer may assist in finding another type of suitable job or role in the company, commensurate with the your experience, training, skills, and ability to perform the new job responsibilities.
Ordinarily, medical professionals make recommendations regarding what the employee can and cannot do during a period of rehabilitation.
Most employees want to get back to work as soon as possible.
Given the choice between getting hurt and dealing with the pain, medical treatments, and physical therapy, it’s hard to imagine anyone choosing getting hurt over going to work and earning your normal take-home pay.
What is Wage Replacement?
"A reasonable accommodation, accounting for the injury or injuries is just that. It’s a reasonable thing to do for a dedicated, hardworking employee."
- Kevin Jones, Greenville Workers’ Compensation Lawyer
Some private healthcare plans and benefits include providing extended benefits in the event you settle your Workers’ Compensation case in NC.
That may include Medicare, which can in appropriate circumstances include consideration of Medicare’s interest(s) in accepting a settlement, setting aside for later use certain funds.
Certain Wage Replacement plans, including things like long-term disability and private, short-term disability and Social Security should be carefully considered as part of a holistic plan.
Again, in appropriate circumstances, there may be some ability to combine benefits and/or credit payments.North Carolina Workers’ Compensation Lawyer - Kevin Jones
We help people injured at the workplace.
"Part of our job is to remind insurance companies and employers the system is designed to protect employees and to make sure they are treated fairly in the event of an injury."
- Kevin Jones, NC Work Comp Lawyer
Kevin Jones is an experienced, compassionate injury lawyer.
If you’ve been hurt at work or a loved-one has suffered a traumatic accident, we may be able to help.
Email Kevin Jones to schedule a confidential consultation: Kevin@DodgeJones.com
We help people throughout south eastern North Carolina, in places like Beaufort NC, Greenville NC, Jacksonville, Morehead City, Wilmington, and New Bern.