Worker's compensation laws provide benefits to nearly all employees who are injured on the job in an accident arising out of and in the course of one's employment.  Each of these key words or phrases: "employee", when you are "on the job", when there is an "accident", when does it "arise out of and in the course of one's employment", and others, are subject to various interpretations.

WHO IS COVERED?

Employees are generally covered if he or she works for an employer who regularly employs three or more people full or part time, or is an employee of a construction contractor, or where the employer has workers' compensation insurance.

With some exception, independent contractors, casual workers, residential workers, and others, are not covered.  Federal employees are covered under other laws.

There are various exceptions to each of these general categories.

WHAT DO YOU DO IF YOU THINK YOU HAVE A CLAIM?

You should report your condition to your supervisor immediately.  There are certain forms which must be filed.

ARE THERE TIME REQUIREMENTS?

Yes.  You should notify your employer in writing immediately, or at least within 30 days, of your injury or disease.

There are other strict time requirements with which a claimant must comply.

WHAT BENEFITS ARE AVAILABLE?

Medical expenses which are reasonably and medically necessary, certain mileage expenses, future medical expenses, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), and permanent disability or permanent partial disability benefits (PPD).

There are other benefits as well, such as death benefits, head or facial disfigurement, and some others.

If you feel you may have a claim, the prudent course is to consult an attorney to make sure you are not compromising your claim because of your lack of knowledge of the procedures and time requirements.

R. Michael Wells offers an initial conference as a courtesy (without charge) to help you determine your options and  how to protect you and your family.

Mr. Wells has practiced law in North Carolina for 32 years, and he has handled scores of workers' compensation cases over the years.

DISCLAIMER:  This information is provided as a public service.  Information contained is not intended as, and should not be taken as, legal advice.  The use of information provided in this summary should not be taken as establishing any contractual or other form of attorney-client relationship between Wells Jenkins Lucas & Jenkins, PLLC, and the reader or user of this information.