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Questions & Answers
Workers’ Compensation Frequently Asked Questions (FAQs)
1. Are there any laws governing work injuries?
2. What benefits am I entitled to under Workers' Compensation law?
3. What is the difference between Workers’ Compensation and State Disability Insurance?
4. Will I receive payment while I am out of work due to a work-related injury?
5. What should I do if I suffer a workplace injury?
6. How do I file a Workers’ Compensation claim?
7. Do I need an attorney to represent me if I am injured on the job?
8. My mother was killed on the job. Is that a Worker’s Compensation claim or a wrongful death?
9. I was walking to work and got hurt during a fall before arriving. Would this be a
Workers’ Compensation claim since I was on my way to work?
10. What classifies as a Workers' Compensation injury?
1. Are there any laws governing work injuries?
Workers' compensation law provides benefits to workers who are injured on the job or who suffer an occupational disease arising out of and in the course of employment. The problem with Workers' Compensation benefits is that the compensation is often not sufficient to address the extent of the injuries. In this situation, an attorney at Wolf & Hogan. PC can advise you on how to obtain the compensation you need to cover your medical costs. Please
contact us today.
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2. What benefits am I entitled to under
Workers' Compensation law?
The benefits under Workers' Compensation include weekly payments based on a percentage of the employee's average weekly wage. These payments cover temporary total disability, partial disability, permanent and total disability, and permanent loss of function and disfigurement. Other benefits include:
- Medical bills
- Vocational rehabilitation/training
- Death benefits
- Lost wages
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3. What is the difference between Workers’ Compensation and State Disability Insurance?
Workers' Compensation assists injured workers when their injury or illness is work-related. Workers’
Compensation pays full medical bills including prescriptions and travel. In addition,
Workers’ Compensation pays benefits for permanent disabilities and provides retraining benefits when disabilities prevent a return to your regular work.
State Disability Insurance pays benefits to injured workers when the injury or illness is not related to work. Benefits are paid for a temporary time only.
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4. Will I receive payment while I am out of work due to a work-related injury?
Once you have been determined to receive Workers’ Compensation benefits, you will receive temporary disability payments. The amount of temporary disability is generally two-thirds of your average weekly wages and you will receive the temporary disability payments every two weeks during the time you qualify for the benefit. This compensation stops when the treating doctor releases you back to work or says that your injury has reached a point of maximum improvement.
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5. What should I do if I suffer a workplace injury?
Those who suffer work related injuries should report them as soon as possible to their employer using the proper forms. A physician should also investigate work-related injuries. Evidence of work related injuries allow the victim to qualify for
Workers' Compensation and associated benefits. In addition, you may wish to
contact an experienced workers’ compensation attorney at Wolf & Hogan, PC.
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6. How do I file a Workers’ Compensation claim?
It is your responsibility, not your employer’s responsibility, to file a
Workers’ Compensation claim. Forms can be picked up from your employer. These forms need to be accurately filled out and medical records from your doctor visits need to be attached. The employee can also file a Form 18 report of injury on their own through the North Carolina Industrial Commission.
It is advisable to seek legal advice in all cases as a precautionary measure. In more serious cases, you should definitely seek legal representation to protect your rights.
Contact an experienced Wolf & Hogan, PC
Workers’ Compensation attorney to help you file your claim so that you will receive the maximum amount of benefits allowed in your
case.
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7. Do I need an attorney to represent me if I am injured on the job?
You have the right to be represented by an attorney of your choice concerning your work- related injury. Your attorney will assist you in seeing that your benefits are properly protected. Your employer or your employer's insurance company will be advised and represented by individuals experienced in
Workers' Compensation cases and you should have an attorney experienced in handling
Workers' Compensation representing you.
Contact Wolf & Hogan, PC today to discuss your case.
8. My mother was killed on the job. Is that a
Worker’s Compensation claim or a wrongful death?
This would likely fall under Worker’s Compensation laws, as the benefits paid would be from the
Worker’s Compensation insurance afforded by your mother’s employer.
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9. I was walking to work and got hurt during a fall before arriving. Would this be a
Workers’ Compensation claim since I was on my way to work?
It is unlikely. Normally, the Worker’s Compensation act only applies when an injury arises out of and in the course of employment. Getting to and from work would not normally be covered.
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10. What classifies as a Workers' Compensation injury?
Any injury or illness that occurs due to employment is considered
Workers' Compensation injury. Some common types of Workers’ Compensation injuries are:
- Broken and/or fractured bones
- Back problems/pain
- Knee problems and/or injuries
- Grip loss
- Heart attacks
- Hypertension
- Wrist injuries (carpal tunnel syndrome)
- Burns
- Shoulder pain and neck pain
- Carpal Tunnel Syndrome
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