New Bern Workers' Compensation FAQs

Workers' Compensation in North Carolina is designed to protect employees who suffer injuries or illnesses related to their job. The system provides a safety net for workers, helping ensure they can receive medical treatment and wage replacement benefits without having to prove fault on the part of their employer. However, not every worker in the state is automatically covered by this system.

In general, most employees in North Carolina are covered by Workers' Compensation insurance. The law requires that all businesses with three or more employees must carry this insurance or be “self-insured.” This requirement applies to a wide range of employment situations, including full-time workers, part-time employees, seasonal staff, and even temporary workers. The broad coverage helps ensure that most of the state's workforce is protected in case of workplace accidents or occupational diseases.

However, there are some exceptions to this rule. Some independent contractors, for instance, may fall outside the Workers' Compensation system. This can sometimes lead to disputes, as the line between employee and independent contractor isn't always clear-cut. Some employers might misclassify workers as independent contractors to avoid providing benefits, including Workers' Compensation coverage.

Other groups that are generally not covered by the state Workers' Compensation system include domestic workers in private households, certain agricultural workers (specifically, those working on farms with fewer than 10 full-time, non-seasonal employees), and federal government employees. It's worth noting that federal employees have their own system of workplace injury protection under federal law.

Railroad workers are another group that doesn't fall under the state Workers' Compensation system. Instead, they're covered by a federal law called the Federal Employers Liability Act (FELA), which provides its own set of protections for railway workers injured on the job.

One point that often surprises people is that undocumented workers are generally eligible for Workers' Compensation benefits in North Carolina. The state's laws don't exclude individuals based on immigration status when it comes to workplace injury protection.

It's also important to note that some volunteers may be covered by Workers' Compensation, particularly those working for emergency services like volunteer firefighters or rescue squad workers. These individuals provide valuable services to their communities, and the law recognizes the need to protect them in case of injury.

If you're unsure about your coverage status, it's a good idea to seek clarification. Some employers may not fully understand the law or may incorrectly inform workers about their status. At the Dodge Jones Injury Law Firm, we've encountered numerous instances when workers were initially told they weren't covered, only to find out later that they were indeed eligible for benefits.

Remember, the specifics of your employment situation can affect your coverage. Factors like the size of your employer's business, the nature of your work, and how you're classified (employee vs. independent contractor) can all play a role in determining your eligibility for Workers' Compensation benefits. If you've been injured on the job in New Bern or elsewhere in eastern North Carolina or on the coast, and you're unsure about your coverage, it’s a good idea to consult with a legal professional who can provide guidance based on the specifics of your situation. Call Workers Compensation lawyer Kevin Jones now at 252-639-1787

The Workers' Compensation Law in North Carolina provides several types of benefits to employees who suffer job-related injuries or illnesses. These benefits are designed to help injured workers recover, manage their medical expenses, and cope with lost wages during their recovery period.

One of the primary benefits of Workers' Compensation is coverage for medical expenses related to your workplace injury or illness. This can include a wide range of medical services, such as doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and necessary medical equipment like crutches or wheelchairs. It's important to note that in most cases, your employer or their insurance company has the right to direct your medical care. This means they may choose the doctor you see for treatment, at least initially. However, under certain circumstances, you may be able to request a change of physician if you're not satisfied with your care.

Another significant benefit is wage replacement for time lost from work due to your injury. In North Carolina, if your injury causes you to miss more than seven days of work, you may be eligible to receive weekly payments equal to two-thirds of your average weekly wage. These payments are subject to a maximum amount set by state law, which is adjusted annually. For most injuries, these payments can continue for up to 500 weeks, although this duration can be extended in cases of more severe injuries.

If your workplace injury results in a permanent disability, you may be eligible for additional benefits. These can take the form of permanent partial disability benefits, which compensate you for the permanent loss of use of a body part or function. The amount and duration of these benefits depend on the specific body part affected and the degree of impairment as determined by your doctor.

In cases of very severe injuries that prevent you from returning to any form of gainful employment, you might qualify for permanent total disability benefits. These benefits can potentially continue for the rest of your life, although such cases are relatively rare.

Workers' Compensation may also provide vocational rehabilitation services if you're unable to return to your previous job due to your injury. These services can include job retraining, education, or assistance in finding new employment that accommodates your physical limitations.

It's worth noting that Workers' Compensation benefits are generally tax-free, which can help offset the fact that the wage replacement benefits are only two-thirds of your regular wages.

In the unfortunate event of a worker's death due to a job-related injury or illness, Workers' Compensation provides death benefits to the deceased worker's dependents. These benefits typically include burial expenses up to a certain amount and ongoing payments to support the worker's dependents.

Remember, the specific benefits you may receive depend on various factors, including the nature and severity of your injury, your average weekly wage before the injury, and your ability to return to work. Each case is unique, and the Workers' Compensation system can be complex to navigate.

If you're dealing with a workplace injury in New Bern or elsewhere in eastern North Carolina and have questions about what benefits you might be entitled to, it may be helpful to consult with a legal professional. At the Dodge Jones Injury Law Firm, we can help you understand your rights and options under the Workers' Compensation system, helping to ensure you have the information you need to make informed decisions about your case.