Greensboro Workers' Compensation FAQs

Getting hurt on the job is painful, and the aftermath can be confusing. You probably have questions about what to do next, what benefits you could be entitled to, what you can do to access them, and whether you need legal help. That’s why Hardison & Cochran | Injury & Workers Comp Lawyers has provided the following Greensboro workers’ compensation FAQs.

The answers that follow will help you better understand the situation and, hopefully, take the first step toward an approved claim. If you still have questions after reading, you can contact our Greensboro office for a free consultation.

Who Is Eligible for Workers’ Compensation in North Carolina?

North Carolina law requires most employers with at least three employees to provide workers’ compensation insurance for their employees. There are a few exceptions, including the following:

• Agricultural employers with fewer than 10 employees
• Some sawmills and logging businesses
• Employers of domestic staff

Only employees are eligible for workers’ compensation benefits, not contractors. However, some employers attempt to save themselves money by misclassifying their workers as contractors. Consider speaking with a workers’ comp attorney if the company you work for tells you that you are ineligible for this reason.

How Do I File a Workers’ Comp Claim in Greensboro?

Take the following steps to begin your workers’ comp claim in Greensboro:

• Tell your employer about what happened and get medical care. Your employer can direct you to a particular emergency provider unless you need immediate care.
• Inform your treating physician that you were injured while on the job. Give them the name of your employer.
• Provide written notice of your injury to your employer. Provide them with the date of the incident and the circumstances behind it. Keep a copy for your records.
• File a Form 18 with the North Carolina Industrial Commission to formally begin your claim.

Once you’ve finished these steps, continue with your medical treatment and follow your doctor’s orders to the letter.

What Benefits Can I Receive After a Workplace Injury?

Workers’ compensation in North Carolina provides a range of benefits, including:

• Medical Benefits: Workers’ compensation will pay for all necessary medical care related to your workplace injury or occupational illness. This includes emergency treatment, hospitalizations, ongoing therapy, and medical devices.
• Lost Wage Benefits: These cover up to 66 2/3 percent of your pre-injury wages if you are unable to work at all, up to a state maximum. If you are able to work in a less demanding but less lucrative role, workers’ comp should also pay you up to 66 2/3 percent of the difference between your pre- and post-injury wages, again subject to a state maximum.
• Permanent Disability Benefits: You may be entitled to lost-wage benefits for a longer period of time if your injuries result in permanent impairment. The amount and duration of these benefits will depend on the part of your body that’s affected and the percentage of use you retain.
• Vocational Rehabilitation Benefits: If your injuries leave you unable to continue your career, you may be entitled to vocational rehabilitation benefits that will pay to retrain you to perform work in line with your abilities.
• Death Benefits: Should your injuries prove fatal, workers’ comp will pay for your funeral and burial, up to a state limit, as well as provide ongoing support for your surviving spouse and dependents.

Can My Employer Fire Me for Filing a Workers’ Comp Claim?

No. North Carolina’s Retaliatory Employment Discrimination Act (REDA) makes it illegal for your employer to fire, demote, or punish you for filing a workers’ compensation claim. They can still let you go while you collect benefits if the decision is genuinely unrelated to your claim, such as a company-wide layoff at a Greensboro facility. If you’ve lost your job and suspect it was retaliation, talk to a Greensboro workers’ comp lawyer right away. A REDA complaint must be filed with the North Carolina Department of Labor within 180 days, so acting quickly matters. You may be entitled to the benefits you applied for, and you could also hold your former employer accountable for additional relief.

What Should I Do If My Workers’ Compensation Claim Is Denied?

Don’t panic if your employer or their insurer denies your workers’ compensation claim. Denials are common, and an experienced Greensboro workers’ comp lawyer can help you challenge one. You (and your lawyer) can file a Form 33 with the North Carolina Industrial Commission (NCIC) to request a hearing, which begins the following process:

• First, you may need to go through mandatory mediation, which tries to resolve the dispute without a formal NCIC hearing.
• If mediation fails, a Deputy Commissioner holds a formal hearing. Hearings for Greensboro and Guilford County claims are typically scheduled in the region, where the Deputy Commissioner reviews the denial and decides whether it is valid.
• If you disagree with the Deputy Commissioner’s decision, you can appeal to the Full Commission, and from there to the North Carolina Court of Appeals.

Talk to a Greensboro Workers’ Compensation Lawyer at Hardison & Cochran

Were you hurt on the job in Greensboro, NC? Have you developed an occupational illness as a result of your work? If so, you deserve to have a compassionate and experienced lawyer on your side as you pursue the benefits you’re owed.

Hardison & Cochran | Injury & Workers Comp Lawyers has been helping North Carolinians like you for over 40 years. The following are just a few of the successes we’ve had on their behalf:

• $2 million for a Raleigh man who needed multiple surgeries after a forklift fell on him at work
• $1.5 million for a worker who became paraplegic after falling from a roof during a job
• $670,000 for a Creedmoor man who lost his right arm because of a welding machine function

Behind these numbers are real people like Doris C., who had this to say about her experience:

“Hardison & Cochran help me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.”

– Doris C.

Ready to find out what we can do for you? Then contact Hardison & Cochran to schedule your free, fully confidential consultation.