North Carolina Workers Compensation Laws

Every year over sixty-three thousand cases are reviewed under the North Carolina workers compensation laws. The Industrial Commission of the state handles these types of cases. As per these laws, all employers who have more than three employees or workers working for them are legally required to carry proper occupational injury insurance. However, if there are less than three employees in an organization, the employer can be exempted from this insurance requirement.

Choice Of Doctor

Workers are not allowed to choose their own physician for the treatment of any work-related injuries or diseases. If you choose your own doctor, you may lose your right to receive compensation benefits. Initially, you should allow your employer to choose a doctor for you. If at a later stage, you feel that the treatment services provided by that physician are not satisfactory, you can file your request with the Industrial Commission to allow you to change the doctor.

The 7-Day Waiting Period

As per North Carolina workers compensation laws, an injured worker becomes eligible for occupational injury compensation benefits only if the disability caused by the injuries continues for more than seven days. If they are able to return to work within seven days from the date of the accident, no compensation benefits will be awarded to them. They can start receiving the benefits only from the 8th day, but if the disability is more serious and continues for over twenty-one days, the injured employee becomes entitled for the benefits right from the first day of the injury (or the day when the disease was first diagnosed).

Injury Reporting Requirement

North Carolina workers compensation laws require injured workers to report the accident to their supervisor or employer within thirty days from the date of the accident. Failure to meet this requirement will disqualify the injured employees for any compensation benefits. However, the statute of limitations for filing a compensation claim with the State Industrial Commission is two years. In cases, where employers refuse to pay any compensation, the injured worker has the right to file a lawsuit against the employer in court with or without the help of a workers compensation attorney.

As per North Carolina workers compensation laws, employers can either purchase insurance policies from a private insurance carrier or they can choose to be self-insured. If they choose the later option, they must first get a certificate from the State Industrial Commission. There are certain eligibility criteria applicable in this regard. For example, employers must have at least $500000 of total fixed assets in their organization. Besides that, they must also provide adequate proof that they are following the workplace safety standards.