Yes. If you have lost a loved one due to a fatal workplace accident or an occupational illness your spouse and/or dependent children may be entitled to benefits for lost wages and medical expenses. Determining and qualifying for these benefits can be complicated. We recommend consulting with an experienced worker’s...
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Blog Archives
What is the Industrial Commission?
The North Carolina Industrial Commission was created by the General Assembly in 1929 to administer the North Carolina Workers’ Compensation Act. Since then, the Industrial Commission has also been given authority by the General Assembly to administer the Tort Claims Act, the Law Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil...
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What if I can still work or had to take a job making less money due to an injury?
You may still have a claim for partial disability benefits under the Workers’ Compensation Act. Partial disability benefits are 2/3 of the difference in your average weekly wage before the accident and after the accident. Therefore, if you are injured and unable to make as much as you did before...
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My workers’ compensation claim was denied, what can I do?
If your claim was denied by the employer or insurance carrier, you should contact an attorney that handles workers compensation claims. The attorney may be able to file motions or other actions to persuade the employer or carrier to reconsider and accept your claim. Remember, the Industrial Commission operates as...
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Is my employer required to have workers’ compensation insurance?
Generally, Yes. However, an employer is not required to carry this coverage if he employs less than 3 employees on a regular basis. Also, certain groups of employers are excluded from the requirement to provide workers’ compensation coverage. Some employees excluded from coverage are casual employees, railroad workers, certain seasonal...
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What is my average weekly wage?
A proper and accurate calculation of average weekly wage is crucial in a worker’s compensation claim, since all compensation paid to an injured worker derives from this calculation. The intent of the Workers’ Compensation Act is to determine a wage that would be fair and just to both the employer...
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How much of my regular paycheck can I get while I can’t work?
The amount of these benefits received will depend on your disability. The four types of disability are discussed above. Generally, workers’ compensation is required to cover 2/3 of your regular wage or average weekly wage from the job in which you were injured. Determining your correct average weekly wage is...
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What is disability and how is disability determined?
The term disability means the incapacity to earn the wages which an employee was receiving at the time of injury in the same or any other employment. The definition of disability is not just a medical term; it primarily refers to the diminished power to earn wages. It includes an...
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Does my employer choose what specialist I visit?
Yes, employers and/or their insurance carriers will have a list of approved physicians and medical facilities, and they will have the right to authorize and approve your treatment with them unless it is an emergency situation. It is important to read over your state’s rules and regulations, or discuss this...
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What are the most dangerous industries?
According to data on fatal workplace accidents and on-the-job injuries, some of the most dangerous industries are construction, health and human services, law enforcement, and the transportation industry. However, workplace accidents can happen in any employment setting.
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