When a worker is injured on the job in North Carolina, they want to know if their bills will be taken care of. Insurance companies commonly use the excuse that an injury is not covered by workers’ comp, and many injured workers believe them. It may be hard to determine just what injuries are covered by workers’ compensation in North Carolina.
Workers’ Compensation in North Carolina
The North Carolina Workers’ Compensation Act and the Workers’ Compensation Supervisor Handbook define covered injuries to be any injury that occurs due to the employment of the worker. It does not cover diseases unless they are occupational diseases that are a direct result of employment.
Accidental injuries can include those injuries that occur while a worker is performing work-related tasks such as operating heavy machinery, lifting, or slipping and falling. If there is a traceable link between the injury and the job duties, it is considered to qualify for coverage. Examples of accidental injuries that are covered under workers’ comp include the following:
- Broken bones, cuts, or burns resulting from tools or equipment used to perform job duties
- Falls from equipment, such as scaffolding
- Traumatic back injuries that resulted from a specific event at work, such as the lifting of a heavy object
- Back injuries and hernias, with special exceptions
An example of an occupational injury that is covered by workers’ comp in North Carolina includes lung disease that resulted from a worker breathing harsh chemicals at their workplace after years of employment. Another example of an occupational injury would be the development of carpal tunnel syndrome after years of repeating the same motion in performing job duties.
Specific Injuries Covered Under Workers’ Compensation in NC
Section §97-31 of the North Carolina Workers’ Compensation Act goes into more detail about covered injuries, the rate of compensation to be paid for those injuries, and the length of time they should be paid. Specified injuries range from the loss of a thumb or finger to the loss of partial or full hearing or eyesight. Some of the injuries listed in this section of North Carolina’s workers’ compensation laws are below.
- Loss of a thumb: 66.66% of wages for 75 weeks
- Loss of first finger: 66.66% of wages for 45 weeks
- Loss of a great toe: 66.66% of wages for 35 weeks
- Loss of a hand or leg: 66.66% of wages for 200 weeks
- Loss of an arm: 66.66% of wages for 240 weeks
- Loss of an eye: 66.66% of wages for 120 weeks
- Loss of hearing: 66.66% of wages for 70 weeks for one ear, 150 weeks for both ears
What’s Not Covered in North Carolina Workers’ Compensation Cases
NC workers’ comp cases do not cover injuries that occur due to the intoxication of an employee. Self-inflicted injuries are also not compensable. Any injury that occurred outside the realm of the workplace/employment, such as on the way to work, is also not eligible for workers’ compensation. If an injury results from violations of safety rules, reckless behavior, or during the commission of a crime, or while the employee is engaged in illegal activities, it is not covered.
If an employee is violating company polices, and they are injured, those injuries will not be covered. In addition, NC workers’ compensation does not cover pain and suffering or other non-economic damages.
When to Hire a Workers’ Compensation Lawyer
According to the U.S. Bureau of Labor Statistics, there were around 68,000 work-related non-fatal injuries and illnesses in 2023 in private industries. If you were injured on the job in North Carolina and feel your injuries fall under the umbrella of workers’ comp, you are likely eligible for compensation. If you hire a workers’ compensation lawyer, they can advise you on the ideal course of action and the legal options you have.
It is especially important that you talk to a Greensboro workers’ compensation attorney if you feel your employer or the insurance provider is denying that your injury is covered under workers’ comp. You have rights, and you deserve to have someone help you protect them.
FAQs
Q: What Does NC Workers’ Comp Cover?
A: NC workers’ comp covers damages for work-related injuries and illnesses that occur on the job or while performing job duties. Benefits of NC workers’ comp include compensation for permanent disability, compensation for lost wages, and compensation for medical expenses. If you were injured on the job, depending on your injury, the extent of your medical treatment, and the level of disability you suffered following the injury, you could be eligible for compensation.
Q: What Is Not Covered by Workers’ Compensation Insurance?
A: Workers’ compensation insurance does not cover injuries that occur due to the fault of the employee, such as if they were intoxicated, not obeying safety rules, or breaking company policy. Injuries that occur outside of work, even if the employee is on the way to work, are not covered. Also, injuries that are the result of an employee committing a crime or participating in illegal activities are not covered by workers’ compensation insurance.
Q: What Are the 4 Types of Workers’ Compensation Benefits in NC?
A: The four types of benefits covered under workers’ compensation in North Carolina include medical benefits, indemnity benefits, also called lost wages or disability, vocational rehabilitation benefits, and death benefits. If you suffered an injury at your workplace, it is recommended that you speak with a North Carolina workers’ compensation attorney.
Q: What Is the Most Common Injury Claim on Workers’ Comp?
A: The most common injuries reported and claimed under workers’ compensation include sprains and strains. These injuries most often include torn muscles, torn ligaments, or torn tendons. When someone suffers a fall, they can cause a sprain or strain. Improper lifting, as well, can cause a strain or sprain, especially in the employee’s back.
Speak With a Qualified Workers’ Compensation Law Firm
If you have questions regarding an injury you suffered at work, there’s no better resource than an experienced and successful North Carolina workers’ compensation law firm. M. Reid Acree, Jr., Attorney at Law, P.A., is exactly that. We know exactly what injuries are covered by workers’ compensation in North Carolina and can help you assess your case. Contact our law firm and speak to a member of our legal team regarding your workplace injury.