Durham Workers’ Compensation Lawyer

What Is Workers’ Compensation?

Workers’ compensation is an insurance program that provides medical benefits and wage replacement to employees who are injured on the job. In exchange for these benefits, employees give up the right to sue their employers for work-related injuries.

Most employers in North Carolina are required to carry workers’ compensation insurance, with some exceptions. This includes:

• Businesses with three or more employees
• Construction companies with one or more employees
• Employers in the sawmill, logging, and turpentine industries

Even if your employer does not have workers’ compensation insurance, you may still be entitled to benefits through the North Carolina Uninsured Employers Fund.

What Types of Injuries Are Covered Under Workers’ Compensation?

Workers’ compensation covers a wide range of injuries, from minor to severe. However, not all work-related injuries are covered.

Workers’ compensation may cover the following injuries:

• Acute injuries
• Cumulative trauma injuries
• Occupational illnesses

Acute injuries are those that occur suddenly and are the result of a single traumatic event. These injuries can include:

Cumulative trauma injuries occur over time and are the result of repetitive motion or overuse of a certain body part. These injuries can include:

• Carpal tunnel syndrome
• Tendinitis
• Bursitis
• Hearing loss

Occupational illnesses are those that develop as a result of exposure to certain substances or conditions in the workplace. These illnesses can include:

• Lung disease
• Asbestosis
• Lead poisoning
• Chemical poisoning
• Occupational cancer

Unfortunately, not all work-related injuries are covered by workers’ compensation. Injuries that are intentionally self-inflicted or that occur while the employee is intoxicated or under the influence of drugs are not covered. Don’t hesitate to speak with a workers’ compensation in Durham if you have any questions about your eligibility for benefits.

How to File for Workers’ Compensation in Durham

If you have been injured at work, there are several steps you should take to ensure that you receive the benefits you are entitled to, including:

• Report the injury to your employer
• Seek medical attention
• Follow your doctor’s instructions
• Keep a record of all medical treatment
• Keep a record of all missed work
• File a claim with the North Carolina Industrial Commission

In North Carolina, you must report your injury to your employer within 30 days. If you fail to report the injury within this time frame, you may lose your right to workers’ compensation benefits.

Once you have reported the injury to your employer, your employer should provide you with a list of approved doctors. You must seek treatment from one of these doctors to qualify for workers’ compensation benefits. If you need to see a doctor for emergency treatment, you may do so without first seeking permission from your employer.

What Benefits Are Available Through Workers’ Compensation?

Our Durham workers’ compensation lawyers can help you recover a wide range of benefits to injured employees, including:

• Medical Benefits: These cover the costs of medical treatment related to the workplace injury or illness. This can include doctor visits, hospital stays, surgeries, medications, physical therapy, and other necessary medical expenses.
• Temporary Total Disability (TTD): If a worker is temporarily unable to work due to their injury or illness, they may be eligible for temporary total disability benefits. These benefits typically provide a portion of the worker’s lost wages during the period they are unable to work.
• Permanent Total Disability (PTD): In cases where a worker sustains a severe injury or illness that permanently prevents them from returning to any form of employment, they may be entitled to permanent total disability benefits. These benefits provide ongoing financial support.
• Permanent Partial Disability (PPD): When a worker sustains a permanent impairment or disability but can still work in some capacity, they may receive permanent partial disability benefits. The amount of compensation depends on the extent of the impairment and its impact on the worker’s ability to earn a living.
• Vocational Rehabilitation Benefits: In cases where a worker is unable to return to their previous job due to their injury or illness, they may be entitled to vocational rehabilitation services. These services help the worker acquire new skills or find suitable employment that accommodates their limitations.
• Death Benefits: If a worker dies as a result of a workplace injury or illness, their dependents may be entitled to death benefits. These benefits typically include compensation for funeral expenses and ongoing financial support for the deceased worker’s dependents.