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Information regarding workers' compensation

When a person in North Carolina is injured while working, he or she might face a number of financial difficulties. However, those losses might be partially offset workers' compensation benefits that a provided by an employer's insurance. Payouts under those insurance schemes can include reimbursement for certain expenses, including sick travel, and compensation for lost wages.

The amount of a person's lost wage compensation is subject to a specific formula and limitations. The rate of pay is equal to 66.67 percent of the worker's average weekly wage per week, and the amount cannot exceed a certain amount. The length of time a person receives the payouts depends on a number of factors, the amount of time a person is disabled. The worker may not necessarily receive compensation for the first seven days of lost time if the disability lasts fewer than 21 days. However, those wages may be compensated after that 21 day minimum.

When an employee is injured while on the job, the incident must be reported to the employer immediately if the victim plans to pursue benefits. However, not all employers are required to provide workers' compensation insurance while others might not provide the required benefits. When this occurs, the worker might need to discuss the case directly with the North Carolina Industrial Commission. Additionally, in some cases, an employer might refuse to acknowledge an injured person's claim. When this occurs, the victim may be able to request a hearing before the NCIC.

The process for filing a claim and challenging a denial of benefits may be complicated. However, an attorney who is familiar with workers' compensation cases might be able to provide an injured person with representation and advice throughout proceedings.

Source: North Carolina Industrial Commission, "Frequently Asked Questions (FAQs)", August 12, 2014

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