North Carolina Checklists - Worker's Compensation Claims

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Workers' Compensation Laws are laws passed by state legislatures that compensate employees for work-related injuries or illnesses. Any employee injured on the job within the scope of his employment is entitled to workers' compensation benefits. This is true even if the employee was injured because of his own negligence or for failure to follow the instructions of his employer. Self inflicted injuries are not covered. Benefits include medical expenses, lost wages, and death benefits. Most employers have insurance to cover these benefits. If they don't have insurance, they still have to pay benefits.

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FAQ

Technically, you cannot be fired for filing a claim for workers' compensation. However, because North Carolina is an at-will employment state, your employer may decide to terminate you for other reasons.

North Carolina law specifies that any business that employs three or more people is required to carry workers' compensation coverage. This policy provides medical benefits in the event of a work-related accident.

You must be an employee. Your employer must carry workers' comp insurance. You must have a work-related injury or illness. You must meet your state's deadlines for reporting the injury and filing a workers' comp claim.

North Carolina Industrial Commission Form 22 is the Statement of Days Worked and Earnings of Injured Employee. This form contains a table wherein the hours worked and wages earned over the 52 weeks prior to the employee's injury are recorded.

The North Carolina Workers' Compensation Act requires that all businesses that employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies and partnerships, obtain workers' compensation insurance or qualify as self-insured employers for purposes of paying ...

Exceptions to the ?going and coming? rule Generally, the ?going and coming? rule provides that an injury occurring while an employee travels to and from work does not satisfy the ?in course of employment? prong of the requirements and is therefore not compensable.

Form 61 ? Employer Form This form means that you will receive no compensation for your missed time from work or medical treatment unless you can convince the NCIC to overturn this decision at hearing (or at the mediation that comes prior to the hearing).

The employer or their workers' comp insurance company must pay for medical treatment that will cure the workplace injury, give relief from pain, or lessen the employee's disability. There is no deductible and no co-pay.

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North Carolina Checklists - Worker's Compensation Claims