[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.attorneync.com\/blog\/6-things-you-need-to-know-about-workers-comp-in-north-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.attorneync.com\/blog\/6-things-you-need-to-know-about-workers-comp-in-north-carolina\/","headline":"6 Things You Need to Know About Workers\u2019 Comp in North Carolina","name":"6 Things You Need to Know About Workers\u2019 Comp in North Carolina","description":"Most people employed in North Carolina go their whole careers without ever having to give a thought to seeking workers\u2019 compensation benefits. But in the most recent year accounted for, the North Carolina Industrial Commission accepted more than 63,000 workers\u2019 compensation claims. The N.C. Industrial Commission handles disputes about workers\u2019...","datePublished":"2020-08-20","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/#Person","name":"Robert C. Younce, JR","url":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/","identifier":42,"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Younce, Vtipil, Baznik & Banks P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","width":390,"height":107}},"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/05\/what-can-prevent-you-from-receiving-workers-compensation.jpg","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/05\/what-can-prevent-you-from-receiving-workers-compensation.jpg","height":334,"width":500},"url":"https:\/\/www.attorneync.com\/blog\/6-things-you-need-to-know-about-workers-comp-in-north-carolina\/","about":["Workplace Injury"],"wordCount":1221,"articleBody":"Most people employed in North Carolina go their whole careers without ever having to give a thought to seeking workers\u2019 compensation benefits. But in the most recent year accounted for, the North Carolina Industrial Commission accepted more than 63,000 workers\u2019 compensation claims.The N.C. Industrial Commission handles disputes about workers\u2019 compensation benefits sought by workers dealing with disabling injuries or illnesses. Disputes often arise when employers or insurance companies try to withhold or discontinue benefits.At Younce, Vtipil, Baznik & Banks, P.A., our Raleigh workers\u2019 compensation attorneys help injured and ill workers seek the workers\u2019 comp benefits available by law. Injured workers may find themselves in an unfamiliar world, dealing with expensive medical care and a workers\u2019 comp system more interested in forms and rules than what the injured person is facing. Our attorneys can handle the workers\u2019 comp claim.Below are 6 basics to understanding the N.C. workers\u2019 compensation system that everyone employed in North Carolina should know. If you need help with a claim or appeal, contact us online today\u00a0or at 919-661-9000 in Raleigh for a free claim review and advice about your legal options.What is Workers\u2019 Comp in North Carolina?Workers\u2019 compensation is a state-run insurance program that covers most people employed in North Carolina. It provides benefits for full-time and part-time employees who are injured in an accident that occurs while on the job or who become ill because of their job\u2019s working conditions and cannot work for seven days or longer.Workers\u2019 comp is a no-fault insurance program. That means an injured or ill worker is eligible for payments regardless of why they were injured or became ill. This means the worker does not have to show that his or her employer or anyone else is to blame. An employer cannot deny a workers\u2019 compensation claim by showing that the employee was at fault. Injured workers are eligible for benefits without having to prove an employer was at fault. In exchange for this, North Carolina law prohibits workers from suing an employer whose negligence caused his or her injury or illness.Workers\u2019 compensation pays for all medical costs and a portion of lost wages while the worker is temporarily disabled and provides payments for permanent disability, stipends for specific disfigurement and payments to survivors of deceased workers who qualify.What is Covered Under NC Workers\u2019 CompWorkers\u2019 compensation covers injuries or illnesses that arise\u00a0out of and in the course of the claimant\u2019s employment. In short, you must have been hurt while on the job.Back injuries are an example of claims in which decisions about what is covered by workers\u2019 comp can become complicated. A back injury is one of the most common work-related injuries. In many cases, it is simply a byproduct of age.If your job requires a lot of heavy lifting, a sore back is not outside of what is normal. But, if you have a medically diagnosed back injury that you can show was caused by a specific incident on the job, such as a fall, you should receive workers\u2019 compensation.Similarly, if you have been diagnosed with a disease, to receive workers\u2019 compensation benefits you would have to prove that it was caused by your work conditions and not your lifestyle. An industrial employee might be able to show that their lung cancer was caused by toxic fumes encountered on the job, but a heavy smoker\u2019s claim could be complicated. Their employer or the insurer would surely argue that smoking caused cancer.Certain medical conditions acknowledged to be commonly associated with workplace exposures are specifically identified as occupational diseases under North Carolina law.What Isn\u2019t Covered under NC Workers\u2019 CompUnder North Carolina\u2019s Workers’ Compensation Act, for an injury to be covered, it must be unexpected and not caused by performing a regular aspect of the job.\u00a0A sore back, even one bad enough to make a construction worker stay home for a couple of days, is probably not an eligible injury. There needs to be a diagnosed injury related to a single incident or ongoing workplace conditions.Additionally, workers who are injured while intoxicated or engaging in horseplay at work are generally ineligible for workers\u2019 compensation.It also should be understood that workers\u2019 compensation benefits do not provide compensation for pain and sufferingEmployers\u2019 Requirements for Providing Workers\u2019 CompMost employers in North Carolina who have three or more employees are required to purchase workers\u2019 compensation insurance for all their full- and part-time employees. Coverage may be obtained through an insurance company or the employer may be self-insured.There are exceptions. Most railroad employees and federal government workers employed in the state have other insurance programs they belong to. Domestic servants, casual employment workers (e.g., day laborers), farm laborers where the employer regularly employs fewer than 10 full-time non-seasonal farm laborers, and sellers of agricultural products who work directly for the producer are not covered by workers\u2019 comp law.It is against the law for an employer to terminate an employee for filing a workers\u2019 compensation claim.What Happens If Your Employer Doesn\u2019t Have Workers\u2019 Comp InsuranceIf you have been injured on the job and find that your employer doesn\u2019t have workers\u2019 compensation insurance, you should complete and submit the N.C. Industrial Commission\u2019s\u00a0Form 18\u00a0to file a claim and notify your employer and\u00a0Form 33\u00a0to request a hearing.We suggest that you also speak with a North Carolina workers\u2019 compensation attorney. In addition to helping ensure your claim moves forward, a workers\u2019 comp lawyer at Younce, Vtipil, Baznik & Banks, P.A. can explore your legal options. An employer who fails to maintain workers\u2019 comp insurance gives up their protection against personal injury lawsuits.You can report a lack of workers\u2019 comp insurance or self-insurance to the NCIC Criminal Investigations & Employee Classification Division at any time. The employer may face fines and criminal charges.Preparing for Life Under Workers\u2019 CompThere are numerous rules that regulate a workers\u2019 comp claim in North Carolina. For example, you must be treated by a doctor assigned to you by your employer, and failure to keep appointments and follow the doctor\u2019s order for treatment can jeopardize your claim.Meanwhile, concentrating on your medical care and recovery should be your primary concern. You could be out of work for a long time. This is why obtaining workers\u2019 comp benefits to pay medical bills and replace income is crucial and why you will be better off if someone is working to ensure you get what you deserve.The doctors\u2019 bills will start showing up quickly after a serious occupational injury or illness. But workers\u2019 comp should pay them. If you are waiting for a disputed claim to be settled, a statement of representation on a Younce, Vtipil, Baznik & Banks, P.A. letterhead can keep creditors away from your door.About the AuthorRobert C. Younce, JRRobert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers\u2019 compensation law. He has tried over 100 workers\u2019 comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers\u2019 compensation law since 2001."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.attorneync.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"6 Things You Need to Know About Workers\u2019 Comp in North Carolina","item":"https:\/\/www.attorneync.com\/blog\/6-things-you-need-to-know-about-workers-comp-in-north-carolina\/#breadcrumbitem"}]}]