Sometimes, even the safest of jobs can result in unforeseen injury. While employers are obligated to do their part to keep their workers free of harm, the fact of the matter is that accidents do happen. For this reason, it’s important for employees to be aware that they do have rights when it comes to injuries on the job.
Robert Dewey of the Dewey Law Firm is a Charlotte, North Carolina personal injury lawyer who has been practicing for more than three decades, and according to him, the North Carolina Workers’ Compensation Act serves the very important purpose of providing certain benefits to those who are injured at work. According to North Carolina law, employers covered by the Act (generally those who employ three or more people) must purchase insurance that will pay benefits to any workers who are injured on the job, including medical benefits, pay benefits, and permanent disability benefits.
When it comes to workers’ compensation, medical benefits will generally include all necessary services and supplies that will remedy the physical ailment at hand or provide relief from any associated pain. In some cases, medical benefits might also cover transportation costs to a doctor’s office or rehab facility; and often times, transportation is provided for workers who do not have any other means of getting from place to place.
Anyone who is injured on the job can also expect to receive pay benefits under the Act, which are monetary amounts based on an injured worker’s average weekly wages. The purpose of pay benefits is to avoid financially penalizing a person who cannot return to work due to injury. Usually, an employer’s insurance company will pay two-thirds of an injured worker’s average weekly wages until he is able to return to work. Of course, the determination as to whether or not an injured person may resume his job is left to his doctor’s discretion. If a person requires time to heal, then he must provide evidence of such if he wants to receive any pay benefits.
The workers’ compensation package under the North Carolina Workers’ Compensation Act can also include permanent partial disability benefits, which are benefits that get paid to workers who do not fully recover from their injuries. The Act sets forth the means of calculating compensation rates based on the injuries in question, and the extent of permanent disability is determined by medical professionals who can evaluate their injured patients accordingly.
While the North Carolina Workers’ Compensation Act does provide certain key benefits to injured employees, it does not entitle them to receive payments for pain and suffering resulting from their injuries. Usually, in situations of work-related injuries, a worker is limited to the benefits provided by the Act. However, if a third party (someone who is not the employer or a company employee) can be blamed for the injury in question, then the injured employee, with the help of a good personal injury lawyer, can sue the responsible party for damages (as can the employer).
Nobody wants to get injured over the course of his job, but unfortunately, sometimes accidents do happen. Thanks to the North Carolina Workers’ Compensation Act, workers can rest assured that if they are hurt on the job, then they have some form of legal recourse to look towards as they attempt to recover.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
