An employee who sustains a work-related injury in North Carolina generally cannot sue his or her employer for causing a workplace accident. This is based on a statute, N.C.G.S. § 97-10.1. Typically, workers’ compensation benefits are the sole remedy to address workplace injuries. Nearly all businesses with three or more employees in North Carolina are…
Most employees who are injured on the job are eligible for workers’ compensation. Workers’ comp is like no-fault accident insurance that most businesses in North Carolina must provide their full and part-time employees. Benefits are available for injuries and illnesses that arise in the course of performing job duties. The North Carolina Workers’ Compensation Act…
If you’ve been injured on the job, you may be entitled to benefits through your employer’s workers’ compensation insurance. Workers’ compensation covers your medical expenses for workplace injuries and reimburses you for a portion of your average weekly wages while you are unable to work. North Carolina’s workers’ compensation program offers valuable benefits to employees…
Workers’ compensation insurance is a benefit provided to nearly all North Carolina employees under the North Carolina Workers’ Compensation Act. Most employers are required to carry insurance to cover medical expenses and replace a portion of lost wages for work-related injuries and illnesses. The law is intended to ensure that any worker injured on the…
Key Takeaways 500-Week Cap: North Carolina wage replacement benefits generally last up to 500 weeks for temporary total or partial disability. Extended Benefits Exception: If you suffer a total loss of wage-earning capacity, an attorney can petition the Industrial Commission for lifetime benefits starting after your 425th week of disability. Early Termination at MMI: Benefits…
Key Takeaways Benefits are Tax-Free: In most cases, the government does not tax workers’ compensation benefits. Both your weekly wage replacement checks and medical benefits are exempt from federal and North Carolina state income taxes. Settlements are Not Taxed: A lump-sum workers’ comp settlement is also tax-free. However, if you invest that settlement money, any…
If you have been injured on the job as the result of an accident or occupational disease and cannot work, you may be eligible for workers’ comp benefits including disability payments and medical bills. However, if you are considering taking a new job while you have an open workers’ comp claim, you should discuss the…
Key Takeaways Third-Party Claims: You can sue a negligent third party (like a contractor or at-fault driver) for additional damages not covered by workers’ comp. Workers’ Comp Liens: If you win a third-party settlement, your employer’s workers’ comp insurer will place a lien on the funds to recover the benefits they paid you. Payment Priority:…
Some unscrupulous employers respond to a workplace accident by threatening to report an undocumented worker to immigration control if they claim workers’ compensation benefits. If you are an undocumented worker in North Carolina, you have all of the legal rights and remedies provided by both federal and state law, including access to workers’ compensation benefits…
Suffering a severe or disabling injury can put an incredible strain on a marriage. The caretaker burden placed on a spouse and the diminished lifestyle can cause a couple to split up and divorce. What happens then to the proceeds from a workers’ compensation settlement obtained for a workplace injury or other compensation recovered for…
