Workers’ Compensation FAQ
The following workers’ compensation FAQ is designed to provide you with some general information regarding workers’ comp. Of course, each client’s case is different and the following should not take the place of qualified legal advice. The attorneys of the Charlotte law firm of Jetton & Meredith can answer any other questions you may have and can help guide you through the workers’ comp process.
What Should I Do If I Have Been Injured At Work?
The first step to take if you’re injured on the job is to notify your supervisor or employer, preferably in writing so that you can have a copy for your records. After your employer has been made aware of the accident, you should also file a form 18 with the North Carolina Industrial Commission. This ensures that the state will be made aware of your claim in the event that your employer fails to file the necessary paperwork. Our attorneys can help you fill out the required information for this form.
Can I Sue My Employer Instead of Filing a Workers’ Comp Claim?
The workers’ compensation system is designed to be a fault-less system. In other words, you generally cannot sue your employer even if your employer was to blame for the injury. Conversely, your employer cannot prevent you from collecting benefits if you were at least partially to blame for the injury.
It may be possible to file a suit against a third party, such as another driver who caused an accident, or a product manufacturer who created a faulty product or defective piece of machinery. We will thoroughly review the circumstances of your case to fight for all reasonable claims.
Can I Be Fired for Filing a Workers’ Compensation Claim?
It is illegal for an employer to fire or demote a worker solely because he or she files a workers’ comp claim. However, such actions do still occur. If you feel that you were fired or have had an adverse action taken against you because of a workers’ comp claim, you may be able to sue your employer for wrongful termination.
What Benefits May I Be Entitled To?
For an on-the-job injury or an occupational illness, you are typically entitled to medical treatments as well as two-thirds of your average weekly wage for the time that you are out of work. You have suffered a permanent disability to a body part, you are entitled to a lump sum payment determined by a table of different injuries.
Contact Our Charlotte, North Carolina, Workers’ Compensation Attorneys
Our lawyers can help answer all of your work injury questions and inform you of your rights under the law. Contact us online or call to schedule a free initial consultation to discuss your case.
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