Workers' Compensation Lawyer in Raleigh, NC

This would likely fall under worker’s compensation laws, as the benefits paid would be from the worker’s compensation insurance afforded by your spouses’ employer.

Those who suffer work related injuries should report them as soon as possible to their employer using the proper forms. A physician should also investigate work-related injuries. Evidence of work related injuries allow the victim to qualify for worker’s compensation and associated benefits. In addition, you may wish to pursue your legal rights with an experienced workplace injury attorney.

Workers’ Compensation law provides benefits to workers who are injured on the job or who suffer an occupational disease arising out of and in the course of employment.

The benefits under Workers’ Compensation include weekly payments based on a percentage of the employee’s average weekly wage. These payments cover temporary total disability, partial disability, permanent and total disability, and permanent loss of function and disfigurement. Other benefits include:

• Medical bills
• Vocational rehabilitation/training
• Death benefits
• Lost wages

Repetitive stress injury is the name given to a group of conditions that are caused when too much stress is placed on a joint. Repetitive stress injury happens when the same action is performed repeatedly. Performing the same action over and over can cause pain and swelling in the muscles and tendons. The two most common types of repetitive stress injury are tendinitis and bursitis.

You have the right to be represented by an attorney of your choice concerning your work- related injury. Your attorney will assist you in seeing that your benefits are properly protected. Your employer or your employer’s insurance company will be advised and represented by individuals experienced in Workers’ Compensation cases and you should have an attorney experienced in handling Workers’ Compensation representing you.

Some of the most common work injuries involve:

If you are temporarily totally disabled for more than seven days from an on the job injury, weekly benefits should be paid to you at the rate of 66 2/3 percent of your average weekly wage.

Any employer who employs three or more employees.

Report the injury to the employer, in writing, immediately and no later than 30 days. Print out a Form 18, fill it out, sign it, and make two copies. Mail the original Form 18 to:

N.C. Industrial Commission
Statistics Section
4334 Mail Service Center
Raleigh, NC 27699-4334

Mail the first copy of Form 18 to your employer by certified mail, return receipt requested, and keep the receipt. This will be your proof of mailing. Keep the second copy of this Form 18 for your file.

An employee is eligible to receive a “temporary total disability” check each week when completely unable to earn wages as the result of the work-related injury. The employee is eligible to receive total disability benefits until he or she is able to return to work. An employee is not due compensation for the first seven days of lost time unless the period of disability exceeds 21 total days. Therefore, payment for days one through seven is made only after the total disability continues beyond 21 days.

No compensation is due for the first seven days of lost time unless the disability exceeds 21 days. Therefore, the first check will not include payment for days 1-7. Payment for those days will be made should the disability continue beyond 21 days.

You will receive benefits until you are able to return to work.

Total or partial loss of use of a member of the body directly caused by a work-related injury may result in permanent partial disability. The Industrial Commission ultimately determines permanent partial disability based on the impairment ratings of physicians. When there is a permanent impairment to one or more of the parts of the body listed in the Workers’ Compensation Act, the employee may receive a set period of benefits without consideration of the employee’s ability to earn wages. Permanent partial disability benefits are generally based upon a combination of the impairment ratings, the parts of the employee’s body involved, and the employee’s average weekly wage.