Some workplace injuries are not always the fault of the employer. In some cases, the employee is injured partially due to their own fault, and sometimes fully due to their own fault. This leaves many injured employees asking, “What if I was fully or partially responsible for my workplace injury?”
North Carolina’s No-Fault Workers’ Compensation Rule
Like most states, North Carolina’s workers’ compensation program is based on a no-fault standard. This means that employees can receive workers’ compensation benefits for injuries even if they were at fault for their injury. If a worker is injured on the job and that injury was partially their fault or fully their fault, they still may be entitled to benefits. There are exceptions, though, which are discussed below.
Exceptions to the North Carolina No-Fault Workers’ Compensation Rule
Not all workplace injuries are eligible for workers’ compensation, even if they occur at the workplace. North Carolina limits workers’ compensation benefits for certain situations. Instances in which injuries are not covered include the following:
- An injury that occurred while the employee was under the influence of drugs or alcohol
- Self-inflicted injuries
- An injury that occurred as a result of an intentional fight between employees
- An injury that occurred while the employee was violating company policies
- An injury that occurred due to the employee’s lack of adherence to safety procedures
- An injury that occurred due to horseplay or reckless behavior on the part of the employee
- An injury that occurred while the employee was on their way to work or on their way home from work
What to Do if You Are Injured at Work
If you are injured at work, even if it was partially or fully due to your own fault, you should immediately report the injury to your employer. This is crucial in initiating the process for workers’ compensation benefits. You may want to contact a workplace injury attorney at this point for legal advice regarding your case.
The next step is to file a Notice of Accident to Employer and Claim of Employee, Representative, or Dependent, Form 18, with the North Carolina Industrial Commission. Your employer is required to provide you with this form, but it must be filled out by the employee. If you are not advised by your employer to fill out Form 18, you can access and submit it online.
If you have already filed a claim with the North Carolina Industrial Commission and you were denied, you should hire a workplace injury lawyer. Mediation through the North Carolina Industrial Commission is another option if you’ve been denied workers’ comp benefits. Historically, mediation cases typically settle at or above 70%.
What Is Covered Under a Workplace Injury Claim?
The North Carolina workers’ compensation program covers medical expenses that injured employees incur due to their workplace injury and lost wages. Lost wages are paid out at generally 2/3 the average weekly wage for a number of weeks specified by injury in the North Carolina Workers’ Compensation Act. Your workplace injury case may include compensation for a permanent disability. Speak with a Greensboro workers’ compensation attorney to learn more.
Why Choose Us?
We have experience in every facet of workers’ comp, whether a case requires fine-tuned investigative skills, accommodating mediation tactics, polished negotiation techniques, or a powerful courtroom presence. We have around 110 decisions in the North Carolina Court of Appeals and the Industrial Commission.
Our attorneys bring experience from the defense attorney’s perspective as well as from the plaintiff’s. This quality is unmatched by our competitors. Our ability to communicate seamlessly across the courtroom has established an impressive reputation in legal circles.
FAQs
Q: How Much Can I Sue for a Workplace Injury?
A: In North Carolina, employees give up the right to claim against their workplace. Rather, you file a workers’ compensation claim to recover medical bills, lost wages, and other potential benefits. While the lost wages benefit is 66.6% of your pre-injury wages, the amount of time you can receive this benefit depends on your injury. Additionally, medical expenses are different for every case. Thus, the amount of benefits you can receive will depend on your unique situation.
Q: What Is the Maximum Payout for a Psychological Injury?
A: There is no specific maximum amount that a psychological injury will pay out. The benefits an employee will receive depend on factors such as the employee’s pay rate prior to their injury and the amount that treatment and prescription medication will cost to treat the employee. However, a psychological injury does not guarantee workers’ comp benefits. The injury must be a direct result of work-related stress or duties.
Q: What Is a Partial Denial of Workers’ Comp?
A: A partial denial of workers’ comp in North Carolina refers to only parts of an employee’s claim being accepted by an insurance company. Any parts of the claim that are not accepted are therefore denied. Thus, the injured worker has some of their losses compensated. Speaking with a workers’ comp lawyer can help you fight a denied claim. If your claim is denied, speak to a workers’ comp lawyer.
Q: Can I Lose My Job Due to an Injury?
A: There are laws that prevent injured workers from losing their jobs due to their workplace injuries. However, it is still possible to lose your job after being injured on the job. If the injury prevents the employee from performing their job duties, the employer has the right to fire them, even if their injury was work-related. They cannot, however, fire an employee because they were injured at work or because they reported their injury to workers’ comp.
Hire a Workplace Injury Lawyer That Has Workers’ Compensation Board Certification
M. Reid Acree, Jr., is a North Carolina native raised in Virginia, has been practicing law for over 35 years, and has been certified as a superior court mediator from the State Bar’s Dispute Resolution Commission. At the heart of our firm is the cause for injured workers. Contact a legal team with experience. Contact M. Reid Acree, Jr., Attorney at Law, P.A., to discuss your case.