11 Myths About Workers' Compensation in North Carolina

One of the essential services provided by The Law Offices of John M. McCabe in North Carolina is to help clients navigate the often complex landscape of workers' compensation claims. Despite its crucial role in safeguarding the rights of injured workers, several myths persist about workers' compensation. These misconceptions can often mislead employees, hampering their ability to secure the compensation they rightfully deserve.

What is Workers' Compensation?

Workers' Compensation is a form of insurance that provides benefits to employees who have suffered work-related injuries or illnesses. It is designed to cover medical expenses, lost wages, and rehabilitation costs for injured workers, while also protecting employers from potential lawsuits.

Common Myths About Workers' Compensation in North Carolina

Today, we're on a myth-busting mission to help dispel some common misconceptions.

Myth #1: I Can't File for Workers' Compensation If the Accident Was My Fault

North Carolina's workers' compensation system operates on a no-fault basis. This principle means that employees who sustain work-related injuries are entitled to compensation, regardless of who was at fault. Exceptions exist if the injury resulted from the employee's intoxication or deliberate intention to injure themselves or others.

Myth #2: Small Businesses Do Not Provide Workers' Compensation

In North Carolina, any employer with three or more employees must carry workers' compensation insurance. There are very few exceptions to this rule. So, no matter the size of the business, if you're injured on the job, you are likely eligible for workers' compensation benefits.

Myth #3: My Employer Will Fire Me If I File a Workers' Compensation Claim

North Carolina law expressly prohibits any form of retaliation against employees who file a workers' compensation claim. If you are fired, demoted, or experience any adverse employment action because you filed a claim, you may have grounds for a wrongful termination or retaliation lawsuit.

Myth #4: Workers' Compensation Only Covers Medical Bills

While it's true that workers' compensation covers medical expenses related to a work injury, it also provides compensation for lost wages if you're unable to work due to your injury. Additionally, if your injury results in permanent disability, you may be eligible for long-term benefits.

Myth #5: I Can't Choose My Own Doctor for Treatment

Although your employer's insurance company might suggest you see a specific doctor, you have the right to choose your own doctor under North Carolina law. However, it's crucial to understand the details surrounding the choice of a treating physician as restrictions may apply. Always consult with a workers' compensation attorney to understand your rights fully.

Myth #6: I Must Accept the Workers' Compensation Insurer's First Settlement Offer

Insurance companies often offer low initial settlements hoping injured workers accept them without consulting an attorney. Remember, once you accept a settlement, you usually can't go back and ask for more money. It is strongly recommended that you consult with an experienced workers' compensation attorney before accepting any settlement offers.

Myth #7: Independent Contractors Can't Receive Workers' Compensation

This is partially true. Generally, independent contractors are not eligible for workers' compensation benefits. However, the distinction between an employee and an independent contractor isn't always clear-cut. Some employers misclassify workers to avoid providing benefits. If you're classified as an independent contractor but function as an employee, you might be entitled to workers' compensation benefits.

Myth #8: I Can't File a Workers' Compensation Claim If I Didn't Report the Injury Immediately

While it's always better to report an injury as soon as it happens, North Carolina law allows you to report a work-related injury within 30 days. Further, even if you miss the 30-day window, exceptions may apply, and you might still have a valid claim. Always consult an attorney if you're unsure about your reporting obligations.

Myth #9: If I'm Receiving Workers' Compensation, I Can't Be Fired

While it's illegal to fire an employee in retaliation for filing a workers' compensation claim, it doesn't entirely protect you from being fired. An employer can still terminate an employee for other legitimate reasons, such as company-wide layoffs or misconduct unrelated to the claim.

Myth #10: You Cannot File a Workers' Compensation Claim for Stress or Mental Health Issues

Not necessarily true. It's a common misconception that workers' compensation only covers physical injuries. However, if you can prove that your mental health issues, such as depression or anxiety, are a direct result of your job, you might be eligible for workers' compensation benefits in North Carolina.

Myth #11: Workers' Compensation Is the Only Remedy for Workplace Injuries

While workers' compensation is the typical remedy for most workplace injuries, it might not be the only one. For example, if a third party's negligence caused your injury, such as a contractor or equipment manufacturer, you might have a valid personal injury lawsuit against that party.

Contact The Law Offices of John M. McCabe

Our team is committed to ensuring that the rights of injured workers are upheld. If you or a loved one has been injured on the job, contact us today for a free consultation. We'll help debunk the myths and guide you through the process of filing a workers' compensation claim.