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Worker Compensation

Firm Overview

All North Carolina Board Certified Worker’s
Compensation Attorneys

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Employers who have four or more regular employees are required to have workers’ compensation insurance.

You should report your injury to your employer as soon as possible. If an injured worker does not report the injury within 90 days, they face the possibility of not receiving benefits. The statute of limitations to file a workers’ compensation claim is 2 years.

Generally, injured workers receive payment for lost wages, medical treatment and permanent impairment.

Medical treatment includes conservative care such as medication and physical therapy, surgery, medical supplies, and medical equipment. The insurance company selects the physician who provides medical treatment.

Lost wages during time that you are unable to work as a result of the injury are paid at 2/3 of the injured worker’s average weekly wage. If you had two jobs at the time of injury, lost wages can account for both jobs.

Permanent impairment for loss of use of a body part(s) is assigned by the treating doctor at the conclusion of the medical treatment.

Injured workers can request another opinion with their insurance adjuster or if the adjuster refuses, they can request a hearing to request that the Commission to order a second opinion. In many situations, second opinions are provided by the insurance carrier.

Yes. Injured workers receive mileage for round trips over ten miles.

Workplace injuries that made pre-existing conditions worse are still compensable.

A Form 50 can be filed to request a hearing at the South Carolina Workers’ Compensation Commission. Hearings are often requested when there is a dispute in benefits or the claim is denied.

Workers’ compensation insurance companies are supposed to accept or deny a claim within 30 days of notice of the claim. However, the insurance company can ask for an extension of time up to 90 days to make a decision. More recently, the trend is for insurance companies to place conditions on their acceptances – they accept claims as “medical only” on a Form 63 or only accept some of the body parts that require treatment.

They certainly could be. If the injury is compensable, the worker might be entitled to medical compensation and possibly even compensation for a disability rating.