Value of Workmans Compensation Claims

If you were hurt at work and haven’t been able to work, it’s understandable you might have questions about the value of your claim for Workmans Compensation in NC.

While there are some predictable aspects in valuing a claim, overall it can be a confusing process. In part that’s because compensation for workplace injuries involve the careful consideration of a series of factors, such as:

• Average Weekly Wage
• Nature and Extent of Injuries
• Medical Costs
  • Emergency Room
  • Transport
  • Surgical Intervention
  • Anesthesia
  • Hospital Stay
  • Continued Care
  • Nursing Costs
  • Medications and Devices
  • Physical Therapy
  • Follow Up Surgeries
  • Permanent Injuries
  • Disfigurement
  • Loss of Limb
  • Catastrophic Loss
  • Wrongful Death Claims

That’s a great question, although to some extent it exposes a misunderstanding of the Workers Compensation NC laws. In all but a very limited number of personal injury matters at the workplace, negligence normally is not an issue.

That’s good.

Indeed, for the most part employer negligence, together with any negligence on your part (employee fault) isn’t part of making a claim for work comp claims in North Carolina.

As a matter of public policy, we have removed negligence of any form from the equation. You no longer need to prove Employer Negligence to recover under the NC Workmans Compensation laws.

In exchange, contributory negligence cannot be alleged as a defense against you, your injuries, or otherwise preclude recover for your damages. **The are certain exceptions for willful, intentional self-harm.

Should I Hire a Workmans Compensation Lawyer?

Most employers in North Carolina are covered under the North Carolina Workers’ Compensation Act. That means if you were working in the ordinary court and scope of your employment, chances are you too are covered under the act for injuries sustained if you were hurt at work.

“Causality is an important part of car accident cases, which our firm also handles. Proving who or what caused an accident is an issue in those matters. That’s not the case in Workmans Compensation claims.”

– Kevin Jones, Greenville Attorney

Our firm also serves as personal injury lawyer North Carolina in matters that involve:

• Car Accidents
• Trucking Accidents
• Semi Truck Collisions
• Motorcycle Accidents
• Accident Injury Matters

It’s a mistake to assume you’ll be in a trial court if you make a claim for a workplace injury. That’s because claims are filed under Act are administered through the North Carolina Industrial Commission and are therefore subject to the rules and regulations as it sets forth.

You may find the Workers’ Compensation Act within Article I of Chapter 97 here.

Even if a trucking company owner or “operator” is an Independent Contractor under the law, Workers’ compensation coverage is required to be in place.

In the even a semi-truck “owner-operator” does not carry work comp coverage (insurance), the underlying motor carrier must provide coverage for Workers’ Compensation claims.

For more information about Comp claims involving motor carriers and trucking accidents, click here.

Insurance coverage for “workplace injuries,” even if they occur on the road or as part of trucking, must be in place irrespective of whether it involves:

• Subcontractors
• 3 or more Employees (regularly employed)
• Intermediate Contractors
• Principal Contractors

There are important exceptions that may be appropriate in your case, such as in the instance when the trucker is an independent contractor who personally operates the vehicle (normally an 18 wheeler or other vehicle requiring a Class A license) and that contractor is licensed independently by the Department of Transportation (US DOT).

If you have questions about a pending Comp claim, or would like to know your legal rights to even file a claim for a workplace injury, please call our office.

We charge nothing to sit down and talk with you. At that time, we’ll be more than willing to sort through the Compensation Laws and explain what is legally appropriate.