Question 1

Who is required to provide workers' compensation coverage?

Accepted Answer

Any employer who employs three or more employees.

Question 2

What must an employee do when an injury occurs?

Accepted Answer

Report the injury to the employer, orally and in writing, immediately and in any event within 30 days.

Question 3

What if I work with a different name?

Accepted Answer

As long as there is some documentation that proves that you are you, like pictures, paystubs, or a witness willing to provide an affidavit, you can still file a workers' compensation claim.

Question 4

What if my employer pays me in cash?

Accepted Answer

Some employers pay their workers "under the table" and in cash. It's important to understand that this doesn't necessarily mean that the company is exempt from having to pay workers' compensation benefits. However, it will be your burden to show how much you were earning before your injury. If you are paid cash, it is a good idea to keep a weekly diary of how much you are paid, including overtime.

Question 5

Does my immigration status matter?

Accepted Answer

You are entitled to workers' compensation benefits even if you are an undocumented worker. The insurance company is not allowed to ask you about your immigration status. Although your boss can fire you if they discover that you are undocumented, the workers' compensation carrier cannot deny your claim based on your immigration status if you get hurt at work. If you are medically unable to work, the insurance company must continue to pay your time out of work even if you are undocumented.

Question 6

What benefits are available under Workers' Compensation?

Accepted Answer

Workers' compensation benefits fall into 3 basic categories: Payment for your medical treatment for the disability caused by the injury or accident and related medical expenses, Compensation for lost wages (at 2/3 your average weekly earnings), including overtime and bonuses (often called "TTD"), Compensation for permanent disability (often called a "rating" or "PPD"). Pain and suffering is not recoverable under workers' compensation law. Workers' compensation benefits are not taxed.

Question 7

What is considered an accident under the workers' compensation law?

Accepted Answer

Most people who get hurt at work assume that it will be covered by workers' compensation. However, no matter how much you trust and like your employer, ultimately the insurance adjusters that actually administer the claims will always look for ways to deny coverage. An injury while doing normal work in a normal manner does not qualify as an accident. An accident is a deviation from the normal work routine, such as a fall, some assaults, increased volume or pace of work and literally hundreds of other events. There are also exceptions to the general "accident" rule. For example, if a worker has an immediate onset of pain in their spine while performing work-related duties, this is considered an accident. This exception is called a specific traumatic incident.

Question 8

Are you an employee or an independent contractor?

Accepted Answer

To qualify for workers' compensation benefits in North Carolina, there must be an injury or accident that causes some kind of disability, arising out of and in the course of employment. Therefore, the injured worker has to be an actual employee. The factors in determining whether a worker is an independent contractor or employee involves asking the following questions: Is the worker engaged in an independent business or calling? Does the worker have independent use of a special skill, knowledge, or training in the execution of the work? Is the worker doing a specific piece of work at a fixed price, or are they paid by the hour? May the worker choose a preferred method of completing the work without being discharged? Is the worker not regularly employed by the employer? Is the worker free to hire assistants? Does the worker have full control over assistants? Is the worker free to select his own time? Most workers are paid by the hour, and are told where to be and when to be there. Many workers are told what to wear, such as uniforms, and most employers have control over their workers.

Question 9

Who provides and directs medical treatment?

Accepted Answer

The employer or its insurance company, subject to any Commission orders, provides and directs medical treatment. The Commission may permit the employee to change physicians or approve a physician of employee's selection when good grounds are shown. However, payment by the employer or carrier is not guaranteed unless written permission to change physicians is obtained from the employer, carrier, or Commission before the treatment is rendered.

Question 10

When do I become eligible for lost wage compensation?

Accepted Answer

No compensation is due for the first seven (7) days of lost time unless the disability exceeds 21 days. Payment for the first 7 days will be made should the disability continue beyond 21 days. The checks will be issued weekly at a rate of 66 2/3% of the average weekly wage.

Question 11

What happens when the employer refuses to acknowledge the claim?

Accepted Answer

If a claim is denied by the insurance company or self-insurer, the employee may request a hearing before the Industrial Commission.

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Frequently Asked Questions

Who is required to provide workers' compensation coverage?

What must an employee do when an injury occurs?

What if I work with a different name?

What if my employer pays me in cash?

Does my immigration status matter?

What benefits are available under Workers' Compensation?

What is considered an accident under the workers' compensation law?

Are you an employee or an independent contractor?

Who provides and directs medical treatment?

When do I become eligible for lost wage compensation?

What happens when the employer refuses to acknowledge the claim?

Need Legal Help? We're Here for You

Vasquez Law Firm

Our Practice Areas

Immigration Law

Personal Injury

Workers Compensation

Criminal Defense

Family Law

Traffic Violations

Fighting for Your Rights Since 1993

Why Choose Us?

Who is required to provide workers' compensation coverage?

What must an employee do when an injury occurs?

What if I work with a different name?

What if my employer pays me in cash?

Does my immigration status matter?

What benefits are available under Workers' Compensation?

What is considered an accident under the workers' compensation law?

Are you an employee or an independent contractor?

Who provides and directs medical treatment?

When do I become eligible for lost wage compensation?

What happens when the employer refuses to acknowledge the claim?

Need Legal Help? We're Here for You