By law, employers in North Carolina must provide their employees with working conditions that are free of known dangers. Many Occupational Safety and Health Act of 1970 standards — rules that describe what employers must do to protect their employees from hazards — include explicit safety and health training requirements. These requirements are to ensure that workers have the required knowledge of safety protocols and skills training to do their jobs safely.
OSHA standards carry the weight of law. Businesses in North Carolina may face hefty fines for repeated violations.
Despite inspections by the North Carolina Department of Labor and OSHA of workplaces and free training programs, many workers employed by North Carolina’s businesses are injured on the job each year because of inadequate training in the workplace. Employees injured in the workplace may be entitled to workers’ compensation benefits to pay for medical care and replace a portion of their lost wages. Unfortunately, employers who do not make the time and effort to provide their employees with the training and skills needed are more likely to dispute claims filed by injured workers for workers’ comp benefits.
Workers’ compensation should cover your medical bills for work-related injuries, a portion of your lost income, and other costs arising from a workplace injury. If your employer or their insurance company is questioning your claim or denying you workers’ comp benefits, you should speak to an experienced workers’ compensation lawyer. In Raleigh, N.C., the workers’ comp attorneys of Younce, Vtipil, Baznik & Banks, P.A., are committed to helping injured workers and their families recover all of the benefits available by law after a serious on-the-job injury.
Your Rights After a Work Injury Due to Inadequate Training
Workers’ compensation is no-fault insurance coverage that most employers in North Carolina are required to provide for their employees. If you have been injured while on the job or while engaged in activity within the “course and scope” of your employment, you are likely eligible for workers’ comp benefits.
You have a right to workers’ compensation even if you were at fault for your injury — unless you were injured because you were engaged in horseplay or were intoxicated. Similarly, you cannot hold your employer legally responsible if their failure to provide you with adequate training or some other negligence on their part led to your injury.
If a workplace injury causes you to miss work for more than seven days, you are entitled to workers’ comp benefits that:
- Pay all medical bills associated with your covered injury, including for rehabilitation therapy if needed.
- Pay you about two-thirds of your weekly wages lost while you cannot work.
Suppose you cannot return to work or cannot return to the same job because of an occupational injury. In that case, you may qualify for additional compensation for a partial or total permanent disability. Workers’ comp should make up a portion of your lost wages if you have to take a lower-paying job because of your injury. If you need additional education or training to rejoin the workforce, workers’ compensation may also pay for that to give the skills needed.
You may be eligible to receive wage-replacement payments for up to 500 weeks.
After a fatal workplace injury, workers’ compensation pays a death benefit to the employee’s spouse and dependent children. A death benefit lasts at least 500 weeks. A minor child receives benefits until the age of 18.
Most injured workers do not fully understand what they deserve to receive from workers’ compensation insurance. And in most cases, neither your employer nor their insurer will go out of their way to increase payments to you. But as your attorneys, we will help you recover every dollar you deserve to have.
