If you were injured on the job in North Carolina, workers’ compensation benefits can provide the medical treatment and wage loss benefits you need while you recover. However, understanding how and when workers’ compensation will pay these benefits to you can be confusing, especially if this is your first time using the system. And the stress of your injury can make the whole process feel overwhelming.
Understanding what to expect from the workers’ compensation process can make it easier to deal with. If you need assistance, our skilled workers’ comp attorneys are available to handle your case for you.
How Do You Get Workers’ Comp in North Carolina?
In North Carolina, workers’ compensation is a type of insurance paid for by your employer. Most employers in the state are required to carry workers’ compensation insurance coverage. It covers employees who get injured in accidents that occur while at work and performing work-related duties, regardless of who is at fault.
When seeking workers’ comp benefits, the three major steps are reporting the injury to your employer or supervisor, seeking medical attention, and filing a claim with the North Carolina Industrial Commission (NCIC).
Report the Injury to Your Employer
The first step is to notify your employer or supervisor of the accident and your workplace injury. While you should do this as soon as possible, you must report the injury within 30 days to seek workers’ compensation benefits, with some exceptions. It’s best to notify your employer both verbally and in writing so they can’t claim you never gave notice (N.C. General Statute 97-22).
Get Medical Attention
Next, you should seek medical treatment for your work-related injury. When you see a doctor, you’re creating a paper trail that documents your injury and the treatments prescribed for it within your medical records.
In North Carolina, your employer or their insurance company may direct you to certain physicians for treatment (N.C. General Statute 97-25). If they do, you must see those physicians or workers’ compensation will not pay for your medical care. If you want to change treating physicians, you can petition the North Carolina Industrial Commission by providing a valid reason for the change.
File a Workers’ Comp Claim
Just notifying your employer of your injury is not enough to establish a valid claim. You must also file a claim with the North Carolina Industrial Commission. This is a critical step, as your workers’ compensation claim has not officially begun with the Commission until you’ve filed a Form 18.
Once the claim is submitted, your employer’s workers’ compensation insurance carrier will review your case and determine whether to approve or deny benefits. Proper documentation of your medical treatment is key to getting your claim approved by the insurer.
When Will You Start Receiving Workers’ Comp Checks?
If the insurance provider approves your claim, you should start receiving payments within 14 days (N.C. General Statute 97-18). However, the exact timeline for receiving payment depends on how quickly your employer and their insurer act. If the insurance company needs more time to investigate your claim before accepting it, your payments may be delayed.
Additionally, you can only receive wage loss benefits if you are out of work for more than seven days (N.C. General Statute 97-28). You will not receive back pay for the first seven days you were out of work unless you are out for more than 21 days. For example, if you were out of work for two weeks, you would only receive wage loss benefits for the second week you were out. But if you were out for more than three weeks, you could receive lost wage compensation for the full duration of your recovery. Your medical expenses should be covered from the start, though.
How Often Will You Receive Workers’ Compensation Checks?
Workers’ compensation benefits in North Carolina are typically paid weekly. However, the Commission can allow for monthly payments in some cases. These weekly payments are often vital for injured employees who still have bills, like rent, utilities, and groceries, to pay while out of work recovering.
Your weekly checks will continue to come as long as you are eligible for them and your treating physician says you cannot work at all or at your full capacity. If the insurer has some reason to dispute your reasons for remaining off work, they could withhold your workers’ comp payments until the dispute is resolved. However, once they have started paying weekly benefits, unless you go back to work they cannot just stop paying unilaterally. They must then file a Form 24 Application to Terminate or Suspend Payment of Compensation (N.C. General Statute 97-18.1).
There are several types of disability benefits you can receive depending on the severity and extent of your injuries:
- Temporary total disability (TTD) – These weekly benefits are for workers who cannot work at all during their recovery (C. General Statute 97-29).
- Temporary partial disability (TPD) – These weekly benefits are for workers who can return to work with restrictions during their recovery but, because of their injury, earn less than they did pre-injury. This benefit pays two-thirds of the difference between the two wages (C. General Statute 97-30).
- Permanent partial disability (PPD) – These benefits are for workers who have reached maximum medical improvement (MMI) and can return to work but still suffer from lasting impairment. They can be paid weekly or in a lump sum payment (C. General Statute 97-31).
- Permanent total disability (PTD) – These benefits are for workers who are permanently disabled and unable to return to work in any capacity. They can also be paid weekly or in a lump sum (C. General Statute 97-29).
How Will You Receive Workers’ Compensation Benefits Checks?
How does workers’ comp pay you after accepting your claim? Workers’ comp checks are usually mailed to your home address. However, in some cases, the money may be deposited directly into your bank account. The method may depend on your employer’s insurance carrier and your preferences.
Paper Checks
Paper checks received through the mail are usually the default method of receiving workers’ comp benefits, particularly at the start of your claim. If you have issues with late payments, you should contact your attorney.
Direct Deposit
The insurer may allow you to select a paperless option for receiving your benefits. If you choose this, the money will be deposited directly into your bank account. This can help avoid delays caused by lost or slowed mail.
What If the Insurance Company Doesn’t Send the Checks?
Unfortunately, delayed or missing workers’ compensation checks are common. They may be due to disputes over your claim, the need for additional medical documentation, or delays in mail delivery. If your checks don’t arrive or stop without warning, it’s crucial to know the steps to take.
Common Reasons for Delayed or Denied Checks
Some of the most common reasons for delayed or denied payments include:
- The insurer is still investigating your claim and has not approved it yet.
- Your employer failed to report your injury to their insurer properly.
- The insurer believes you have recovered enough to return to work, even if your doctor disagrees.
- There is a dispute over your average weekly wage and the amount of compensation the insurer owes.
- The insurance company has filed a Form 24 Application to Suspend or Terminate Compensation and the application was approved by the Industrial Commission (C. General Statute 97-18.1).
Contact Our Raleigh Workers’ Comp Attorneys for Help
If you suffered an on-the-job injury in North Carolina and your checks are delayed or denied, you need a workers’ compensation lawyer with the skills and knowledge to handle your case. At Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, North Carolina, we have over 90 years of combined legal experience and have recovered millions of dollars for our clients, including a workers’ compensation settlement of $2,625,000.
We also offer a state-of-the-art case tracking system, hands-on treatment with personalized care, and staff members fluent in English and Spanish. To learn more about how our firm will do everything we can to care for you, we encourage you to read our client testimonials, such as this one:
“Mr. Baznik handled my workers compensation case and stayed well ahead of it. Always keeping me informed and going the extra mile for my needs. I’m so glad I chose to call Joe Baznik and will use his team again if I ever need an attorney” – Jon Connell
Contact Younce, Vtipil, Baznik & Banks, P.A. at 919-661-9000 for a free consultation with an experienced and compassionate member of our legal team.
About the Author
David E. Vtipil
David Vtipil is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers' compensation. David E. Vtipil was selected by his peers for inclusion in the 21st Edition of The Best Lawyers in America in the field of Workers’ Compensation Law.
