More Burning FAQs about North Carolina Worker’s Compensation System
Here are more solid answers to questions about the North Carolina worker’s compensation process (pursuant to laws in effect as of 2006). Consult a reputable NC worker’s comp attorney for details about your case.
What forms can you use to notify your employer that you have been hurt at work or that you have come down with an occupational disease?
Three different forms may be used:
1. The NC Workers’ Compensation program has a form called SGWCP-2 that you can get from your direct supervisor or from a workers’ comp administrator. This form lets you talk about the injury or accident and fill out different leave options.
2. Form 18 from the North Carolina Industrial Commission. You can get this from your workers’ comp administrator or directly from the NCIC. You can use Form 18 even if your employer does not want to accept responsibility for paying your claim.
3. Other forms (usually internal to your company). Talk to your HR department about how to get this form or speak with an official workers’ comp administrator.
How do employers report employee injuries?
Typically, they use Form 19, which they can get through the NCIC.
Can employers opt out of covering people for workers’ compensation?
No. North Carolina is a compulsory state. With some exceptions — waivers not being one of them! — employers must provide workers’ comp insurance either through self insurance or through a private carrier.
What are the exceptions?
• If an employer has three employees or fewer
• If a saw mill and or logging operator has 10 workers or fewer
• If an agricultural, non-seasonal employer has fewer than 10 full time workers
How does Temporary Total Disability work for North Carolina Workers’ Compensation?
Temporary Total Disability, also known as TTD, can be paid for the length of the disability. TTD is calculated by taking into account the working wage. Benefits are capped at both a maximum and minimum pay out.
What payment rules govern Permanent Partial Disability (PPD)?
PPD is also calculated based on the employee’s wage and capped for maximum payouts. Injured workers can collect PPD for as long as 300 weeks – that’s nearly six years. In certain cases, such as permanent disfigurement or complete incapacitation, disabilities can obviously be extended.
What rehabilitation benefits are available under North Carolina Workers Compensation law?
Physical rehab is compensable but occupational rehab is not provided for in the current law. If you lose your hearing as a result of an occupational injury, you may be able to collect compensation for this, though strict filing protocols apply.
How do NC workers’ comp death benefits work?
State law requires that the spouse and/or children of an employee will collect death benefits calculated by looking at the employee’s wage and estimating a percentage from that. Death benefits include funeral allowances and insure a minimum payout no matter what the employee made.
How can you get more specific information what to do about your North Carolina workers’ compensation claim?
Given all the legal complexities that go into these claims, it may behoove you to retain a pre-qualified and experienced North Carolina workers’ compensation attorney. Most attorneys will provide free consultations (in confidence) to give you a better idea of how they might be able to serve you.
More Web Resources:
Permanent Partial Disability (PPD)
Temporary Total Disability (TTD)
