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If an employer has three or more employees, he must have workers’ compensation coverage. Officers listed on the corporations bylaws are considered employees for this purpose.
The employee should immediately give a written report of the injury to the employer, and if not able to do so immediately, then within 30 days of the injury.
A claim must be filed with the NC Industrial Commission, and must be done so within 2 years of the date of injury. If the employer refuses to do so, the employee must take it upon himself to file the claim using Form 18.
The employers and their insurance carrier, unless instructed otherwise by the NCIC, is responsible for providing your medical treatment. The NCIC can authorize an employee’s chosen physician with good cause to do so, or may allow the employee to change to a different physician, but payment to such other physician is conditioned on obtaining prior written permission.
Only if the employer or insurance carrier allows it. If they do, the employee is limited to 20 visits. A chiropractor must direct a special request to the employer if the chiropractor feels that more than 20 visits are medically necessary.
Mileage expenses can be recovered for workers’ compensation related medical treatment when the round trip mileage exceeds 20 miles.
If an emergency, the employee may seek the required treatment from the medical provider of his choosing, however, must immediately request that the NCIC approve the treatment.
Lost wages will not be paid for the initial seven (7) days. However, if the disability is longer than 21 days, the wages for the first seven (7) days will be paid after 21 days.
Compensation payments are made weekly.
Compensation is calculated at 66 2/3% of the average weekly wage, and is not to be more than $654.
Currently an injured employee is entitled to be compensated until he can go back to work, but bills are pending in the NC General Assembly that may limit this.
Permanent partial disability is when an employee is unable to earn the same wages in his job as he was at the time of the injury due to total or partial loss of use of a body part.
Your medical provider will assess you with an impairment rating which the NCIC will consider.
At that junction, the employer or the insurance carrier shall send the employee a special form detailing the reason for the denial. The employee or their attorney can request a hearing with the NCIC.
No. You have a right to privacy when being examined by your doctor.
A referral will be made to N.C. Division of Vocational Rehabilitation.
There is no fee to talk to us about your work related injury. An initial discussion with us about your case is free of charge or obligation. We will provide this free consultation over the telephone, at our office, at your home or even the hospital.
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If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.
The principal office for Auger & Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger & Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC.
