North Carolina Workers' Compensation 101 – Back to Basics (Part II)
5. If you were hurt in a car accident on the way to or from work, can you make a workers’ compensation claim?
Answer: Depends on the circumstances. In some cases, it’s easy to make a case. (For instance, a pizza delivery person who gets into an auto accident on the way back from a delivery and suffers spinal cord damage can make a workers’ comp claim AND a claim against the driver who hit him.) Given situations like this, employers should keep their North Carolina workers’ compensation insurance premiums paid and up to date.
6. Can individuals or employers self-insure for workers’ compensation?
Answer: In many cases, yes. Self-employed workers and employers can often self-insure, provided they meet requirements stipulated by NC state law.
7. Can you claim NC workers’ compensation benefits even if your employer was not negligent?
Answer: Yes. Many potential claimants never file for workers’ comp because, in their minds, their employers didn’t “do anything wrong.” (For instance, if an employee crashed his car on the way to a work related event, the employer can hardly be blamed.) But a workers’ comp claim is not the same thing as a personal injury suit. If you’ve bee hurt at work, you can make a claim regardless of whether anyone was at fault. (That said, however, employees cannot generally sue their employers directly for benefits.)
8. How can you learn more about the North Carolina workers’ compensation process?
Answer: The North Carolina Industrial Commission website (www.ic.nc.gov) contains a wealth of information on the subject.
9. Do you need an attorney to collect workers’ comp benefits?
Answer: Not necessarily. However, in many cases, employees can get shortchanged. Insurance companies can use legal loopholes and other unsavory tactics to deny payouts to otherwise qualified claimants. In addition, sometimes employers don’t fully cooperate and even retaliate against workers who file claims. To protect yourself and ensure that you get the maximum remuneration for your pain, suffering, and medical bills, it may behoove you to connect with an experienced, aggressive North Carolina workers’ compensation attorney.
More Web Resources:
North Carolina Bar Association Pamphlet on Workers’ Compensation
