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Workers’ Comp FAQs

Workers’ compensation is a complicated topic that can be difficult to navigate alone. If you are considering filing for workers’ compensation, you may have questions about the road ahead. While the following information may not answer all of your questions about workers’ compensation, we hope it gives you a better understanding of the worker’s comp process.

What Should I Do After Being Injured At Work?

The first thing you should do after being injured at work is report the incident and see a doctor. Your supervisor should be able to direct you to someone who can make sure you get proper medical attention. When you do see a doctor, make sure to inform them that your injury happened at work, so they can treat it as a potential workers’ compensation case. After getting the treatment you need, you can consider filing a workers’ compensation claim by filling out Form 18 and submitting it to the North Carolina Industrial Commission.

Does My Injury Qualify For Workers’ Compensation?

According to the North Carolina Workers’ Compensation Act, your injury must have occurred “out of and in the course of” your employment. This means that, you must have been performing work duties for the benefit of your employer at the time of your injury. Under state law, the term injury does not encompass any type of disease, unless the disease occurred as a direct result of a workplace injury.

It is not always easy to tell if your injury is compensable under state laws. If you are not sure whether you have a case, consulting with an experienced attorney is a good place to start.

When Do I Start Receiving Compensation?

You should begin receiving compensation after missing seven days of work because of your injury. If you miss fewer than seven days, you will not receive compensation.

Who Pays For My Medical Bills?

Your employer or its insurance company is required to pay medical costs associated with a work injury. They may direct you to a specific doctor, but you can petition the Industrial Commission to change physicians before receiving care if you wish.

How Much Compensation Will I Receive?

In North Carolina, workers’ compensation covers two-thirds of your salary and not more than $978 per week (2017). In most cases, injured workers are paid weekly.

How Long Will Workers’ Comp Last?

Benefits will last until you are able to return to work, or until it can be shown that you have fully recovered from your injury.

What Happens If My Workers’ Comp Claim Is Denied?

If your workers’ compensation claim is denied, you can appeal the decision by requesting a hearing in front of the Industrial Commission. In fact, many workers’ compensation claims are initially denied, only to be accepted later on.

Do I Need A Lawyer To File A Claim?

The truth is that you do not need a lawyer to file a workers’ compensation claim. You can access the correct forms online and submit them yourself. However, just because you don’t need an attorney doesn’t mean you wouldn’t benefit from having one on your side. Especially if your initial claim was denied, an experienced workers’ comp attorney can guide you through every step of the process, including representing you at hearings and making sure all documents are filed on time. Furthermore, an experienced attorney can help ensure your rights are protected, so you can focus on healing.


Mar 4, 2020
 by Anonymous on Knox Law Center
Exceptional Legal Representation & True Professional, Genuine Individual

I first met Allen after he was recommended to me by a friend, and I couldn't be happier with the service that he provided. He demonstrated a unique attention to detail in my case, as well as expressed a genuine interest in me as a person. Through a great deal of hard work, Allen was able to appeal my case and get all of my charges dismissed. I couldn't be more grateful for him and his assistant, Sherry, for their legal and personal support during such a difficult time. Hiring Allen was the greatest decision I've ever made, and I would recommend Allen to anyone seeking exceptional legal representation.

Feb 23, 2020
 by Anonymous on Knox Law Center
The most amazing lawyer, a true gem & winner

Allen is the best lawyer I've ever met! His character is genuine, and there is a warmth about him that makes you feel so comfortable. If you ever get into a situation with DWI, and feel truly remorseful for what happened, HIRE him for the BEST chance possible. I previously spent 6000$ on an attorney who just didn't feel like they really gave me the personal care that I needed. They were only in it for the money. After hearing raving reviews about Allen, I fired my lawyer and took a leap of faith with Allen. Even though I had to pay two separate times and could not get a refund for the previous lawyer, IT WAS WORTH EVERY PENNY!!!! He won my case with dignity, respect, and care and I am forever thankful to him for this.

m. becker
Feb 4, 2020
 by m. becker on Knox Law Center

I was falsely accused of a terrible crime that would have ruined my future. During the trial Allen was very prepared, but in addition when the false "victim" testified to some unexpected stuff. Allen was able to come up with a way on the fly to prove the witness was lying. At just the right time he jumped on her in cross-examination, and I was found not guilty! I am so glad I chose Allen as my lawyer. I highly recommend Allen Brotherton as a great lawyer.

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