Who Is Eligible For Workers' Compensation Benefits in North Carolina?

In North Carolina, workers' compensation benefits are typically available to any employee who suffers an injury or illness that arises out of and in the course of their employment. This includes both full-time and part-time employees, as well as temporary and seasonal workers. However, independent contractors are generally not eligible for workers' compensation benefits unless they can prove they should be classified as employees. Additionally, certain agricultural and domestic workers may be excluded from coverage under certain circumstances.

Who Is Eligible For Workers' Compensation Benefits in North Carolina?

At The Law Offices of John M. McCabe, we understand that navigating through the complexities of workers' compensation law can be an overwhelming task, especially when you're injured or ill from a work-related incident. This blog aims to shed light on who is eligible for workers' compensation benefits in North Carolina.

What is Workers' Compensation?

Before we dive into the eligibility criteria, let's define workers' compensation. Workers' compensation is a type of insurance that provides wage replacement and medical benefits to employees who are injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for negligence.

Eligibility for Workers' Compensation in North Carolina

Generally, the vast majority of employees working in North Carolina are covered by the North Carolina Workers' Compensation Act. However, there are specific criteria to be met for an employee to be eligible for workers' compensation benefits:

Employee Status

To be eligible, you must be an employee of a company or individual that carries workers' compensation insurance or is legally required to do so. Independent contractors, certain agricultural workers, domestic workers, and some other categories of workers may not be covered.

Employer Requirements

In North Carolina, businesses that employ three or more employees must carry workers' compensation insurance or qualify as self-insured.

Work-Related Injury or Illness

The injury or illness must have occurred as a direct result of your job duties or working conditions. This could be an accident that happened at work, or an illness that you developed because of your work, such as occupational diseases.

Notification

In North Carolina, you must report the injury or illness to your employer in writing as soon as possible, but no later than 30 days after the incident. If you fail to notify your employer within this time frame, you may lose your right to obtain benefits.

Medical Evaluation

After reporting the injury or illness, it's important to seek immediate medical attention and cooperate with all recommended treatments. The treating physician's report serves as a key piece of evidence in your claim.

Workers' Compensation Benefits

If you're eligible and your claim is approved, you can receive benefits that cover

• medical treatment
• wage replacement
• and disability whether temporary or permanent.

In tragic instances where a work-related injury results in death, surviving dependents may be entitled to death benefits.

It's important to note that workers' compensation is a no-fault system in North Carolina. This means you can receive benefits regardless of who was at fault for the accident.

Contact The Law Offices of John M. McCabe Today

Understanding the nuances of workers' compensation law can be challenging. If you're unsure about your eligibility or have been denied workers' compensation benefits, it's in your best interest to seek professional legal advice. At The Law Offices of John M. McCabe, we're dedicated to protecting your rights and helping you navigate through this complex process. We're committed to helping injured workers receive the benefits they need and deserve. Please feel free to contact us with any questions or concerns about workers' compensation in North Carolina.