Ruth Smith Attorney at Law
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Workers Compensation FAQ
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Asheville, NC 28801
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What is Workers Compensation?
Workers compensation is an insurance that provides an array of benefits in the form of cash payments and medical services. These benefits are provided to workers who sustain job-related injuries or illnesses.
What employers are required to provide workers compensation coverage?
Any employer who employs three or more employees is required to provide workers compensation coverage.
What is the North Carolina Industrial Commission?
The North Carolina Industrial Commission is an agency of the State of North Carolina created by the General Assembly in 1929 to administer the North Carolina Workers' Compensation Act. In 1949, the Industrial Commission was also given authority by the General Assembly to administer the Workers' Compensation Act and Tort Claims Act.
North Carolina Industrial Commission Home Page
What must an employee do when an injury occurs?
An employee must report the injury to the employer orally and in writing within 30 days.What should be done if the employer fails or refuses to report an injury?
The employee should file a claim (Form 18 or Form 18B) within two years of the injury with the North Carolina Industrial Commission.How often are compensation payments made?
Workers compensation payments are made weekly but the commission can authorize payments on a monthly basis in some circumstances.
What is the rate of pay for workers compensation?
Workers compensation is 66 2/3% of the employee's average weekly wage, not to exceed $816 per week. This figure is for 2009.
What is permanent partial disability and how is it determined?
Permanent partial disability is the total loss or partial loss of use of a member of the body. In addition it can be the inability to earn the same wages in any employment as earned at the time of the injury. The Commission determines permanent partial disability based on the impairment ratings of physicians or evidence of wage earning capability.
What happens if the employer refuses to acknowledge the claim?
When workers compensation payments are denied, the Commission, claimant, his or her attorney and all know healthcare providers shall be promptly notified of the reason for such denial. The denial must detail the exact reason for the denial.
If the claim is denied by the insurance company, the employee may request a hearing before the Industrial Commission by submitting a Request for Hearing (Form 33).
If the claim is denied by the insurance company, the employee may request a hearing before the Industrial Commission by submitting a Request for Hearing (Form 33).