Key Takeaways
- In North Carolina, workers must report a work-related injury or illness to their employer within 30 days and apply for workers’ compensation within two years.
- Compensation may cover medical bills, devices, and prescriptions as well as travel expenses for medical appointments. Workers may also receive disability benefits and a percentage of lost wages.
- Workers who face any kind of challenge obtaining fair compensation for their injuries should consult a workers’ compensation lawyer.
At the personal injury law firm of Brown Moore & Associates, PLLC, our Charlotte workers’ compensation attorneys have decades of experience fighting for injured workers’ rights to fair financial compensation. We serve clients throughout the Charlotte area and the surrounding parts of North Carolina.
Our attorneys have in-depth experience advocating for injured workers in the state workers’ compensation system and on behalf of federal railroad employees under the Federal Employees Liability Act (FELA).
Who Is Eligible for Workers’ Compensation in North Carolina?
While some exceptions may apply, typically any worker who is classified as an employee who is injured while performing duties typical of their job description will be eligible for workers’ compensation when injured on the job. This is true whether you are a full-time, part-time, or even a temporary or undocumented worker. In some instances, even workers who are classified as “independent contractors” may be entitled to workers’ compensation benefits.
How Does Workers’ Compensation Work in North Carolina?
By law, all employers in North Carolina with more than two employees must have a current workers’ compensation policy. This policy’s primary purpose is to (at minimum) provide medical care to an employee when they’re hurt in a work-related accident.
The process for filing for workers’ compensation begins with notifying your employer, which should be done within 30 days of your injury. They will typically respond by directing you to a particular medical provider for care which has been approved by their insurance policy, and provide you the paperwork required to initiate your claim. If your injury requires emergency intervention, you are not required to visit a doctor to whom your employer directs you, though once your condition is stabilized, this may change.
If your employer has been notified, but they have not responded or shared their insurance information with you, you can find this information along with the required paperwork on the North Carolina Industrial Commission’s website. Fill out and submit the paperwork as soon as possible.
Within the next days or weeks, you should be contacted by a representative of your employer’s insurance company. The purpose of their call will be to investigate your claim to determine your eligibility. While the representative may seem friendly over the phone, remember that their goal is to save the insurance company money, and if they can do so by tricking you into giving conflicting or incriminating information about your case (even if it isn’t true), they will likely do so.
The good news is that while practically every step of the workers’ compensation process has the potential to become incredibly stressful, a workers’ compensation attorney is authorized to file your claim, and even communicate with your employer and the insurance companies on your behalf. This not only allows you to focus on your recovery instead of dealing with the hassle of a workers’ comp claim, but it can also help your chances of getting a reasonable settlement.
What Kind of Compensation Is Available Under Workers’ Compensation?
If your workers’ compensation claim is approved, you will usually be given the option to ultimately receive a settlement in one lump sum based on your disability rating, or alternatively continue to receive weekly disability benefits if you are unable to return to work in a similar wage-earning capacity. While it may be more tempting to receive a lump sum, it’s always good to talk with a Charlotte workers’ compensation lawyer before signing anything as the amount you actually receive may be much less than you think compared with ongoing weekly payments.
The type of benefits you’ll be eligible for is dependent on your specific case, however, at minimum, you will be provided with at least some compensation for your medical expenses (if approved). This includes care for an illness or mental health issue you may have due to the nature of your work. But beyond medical care, you may also be eligible for:
Lost Wages: While it will only cover 2/3rds of your total pay, if you miss more than a week of work, you may be eligible to receive compensation for wages lost due to your illness or injury. The maximum weekly compensation you can receive in 2025 is $1,380.00. These benefits are not subject to income taxes.
Mileage: Employees who must travel at least 20 miles round trip to receive medical treatments may be entitled to reimbursement for their mileage. In 2025, the rate is $0.70 per mile.
Disability: If your injury or illnesses has rendered you disabled, you may receive additional compensation to address the treatment of these issues and damages that you may be facing as a result. Disability under workers’ compensation is categorized into four classifications:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
In general, the more severe and permanent your disability is, the higher your settlement is likely to be.
Death Benefits: In the tragic case of an employee who dies due to a work-related injury or illness, their family can pursue a workers’ compensation claim to seek compensation for their loved one’s lost wages, medical expenses and funeral and burial expenses. If they are incapacitated (but not deceased) their family may be able to pursue compensation for their medical and mental health care.
Vocational Rehabilitation: In cases where you’re able to return to work, but not the same job, you may be able to receive compensation for any training you need to return to the workforce. For example, if a sanitation worker slips from a garbage truck and permanently injures their hip, they may not be able to return to the same position. However, workers’ compensation may provide benefits that allow them to seek training at a less labor-intensive job.
How Much Workers’ Compensation Am I Entitled to Receive?
The total amount of compensation a work injury victim in North Carolina receives will vary depending on the circumstances related to each particular situation. Some factors that determine how much compensation of victim receives include the worker’s pre-injury wage rate, the severity of their injuries, the length of their recovery, and whether or not they are able to return to any type of work while they recover.
Workers’ Compensation Reporting Deadlines in Charlotte
Any work injury or illness that occurs in Charlotte or throughout North Carolina needs to be reported to the employer within 30 days from the time that the employee knows that they have been injured or become ill due to a work-related cause.
However, after reporting an injury or illness to an employer, there is an overall statute of limitations in place for work injuries and illnesses in North Carolina. The statute of limitations gives injured workers two years from the date the injury or illness occurs to submit an application for NC workers’ compensation benefits. Failing to file a claim within this time frame may result in the injury victim being unable to recover the compensation they are entitled to.
What Type of Injuries Do We Help Clients With?
The attorneys at Brown Moore & Associates, PLLC have extensive experience helping clients who have sustained a wide range of on the job injuries or illnesses. This includes, but is not limited to, the following:
- Spinal and back injuries
- Loss of limb
- Broken and dislocated bones
- Severe sprains or strains
- Burn injuries
- Traumatic brain injuries
- Concussions
- Accidental poisonings
- Repetitive stress injuries (RSIs)
How Much Does a Charlotte Workers’ Compensation Lawyer Cost?
In workers’ compensation cases, we collect attorneys’ fees from our injured clients on a contingency fee basis only. This means that we do not get paid unless and until our clients collect the workers’ compensation owed to them. Unlike some other law firms, we do not take a fee on our clients’ weekly disability benefits when a workers’ compensation insurer admits these are owed and admits the compensability of a claim. All of our attorney fees must be approved by the North Carolina Industrial Commission.
When Should You Consult a Workers’ Compensation Lawyer in Charlotte, NC?
If you have a minor injury and your workers’ compensation application is accepted without complaint, then you may be able to navigate the system without legal assistance. However, if you have any trouble obtaining compensation, we recommend getting help from a knowledgeable workers’ compensation attorney in Charlotte.
Signs that point toward the need to get a Charlotte workers’ compensation lawyer on your side include:
- Significant workplace accidents involving back injuries, injuries requiring surgery, or catastrophic injuries, such as brain damage or paralysis
- Accidents caused in whole or in part by broken or defective machinery or non-employee contractors — in these cases, we may be able to pursue additional compensation in a private personal injury lawsuit
- Incorrectly calculated disability benefits
- A return-to-work order from your workers’ compensation doctor before you are fully recovered
- An impairment rating that does not accurately reflect the extent of your injuries
- An insurance company’s refusal to approve necessary medical treatment
- Denial of your workers’ compensation claim
Employers in North Carolina are barred by law from taking any adverse action against an employee simply because the employee reports an injury or files a workers’ compensation claim. Many workers are afraid to report an injury or illness because they fear that their employer will retaliate against them, perhaps even terminate their employment. All injured workers in Charlotte are entitled to workers’ compensation benefits if they sustain an on-the-job injury caused by an accident or illness.
Absolutely. This is a benefit included in workers’ compensation. If their workers’ compensation claim is approved, a bereaved family can access compensation for their deceased family member’s wages as well as funeral and burial expenses. They may even file a workers’ compensation claim if their loved one’s workplace injury has left them unable to file one for themselves. For example, if a construction accident leaves a worker in a coma, their spouse can file a workers’ comp claim to cover the expenses involved in their care.
It depends on which benefits you’re receiving. If you’re receiving compensation solely for medical care, workers’ comp is not considered income. In general workers’ compensation benefits are not considered income for taxable purposes; however, it may be considered income for the purposes of child support or other benefits such as food stamps or Medicare.
While it is considered income, workers’ compensation is treated differently than income when it comes to taxes, and disability benefits are not taxable. This is because you only receive 2/3rds of your typical paycheck, which is about the amount you receive after taxes. There are of course some exceptions. If you’re receiving Social Security checks in addition to workers’ compensation, you may owe come tax season.
If the settlement offered to you is not enough, there are several options that you may be able to take. In some instances you may be able to obtain more through a formal hearing process, or possibly even pursue a third-party personal injury lawsuit. Regardless of which direction you decide to go, you’ll want to make sure that you have effective legal representation.
In most cases, yes: the law requires you to pay back a portion of what workers’ compensation paid out. However, there are options to reduce the amount that the law sets as the default amount which the workers’ compensation insurer may be entitled to recoup.
Possibly. A true independent contractor is not entitled to workers’ compensation benefits. The law, however, looks at several factors to determine whether an individual is an “employee” or an “independent contractor.” Although an employer may consider you an “independent contractor,” you may still legally be an “employee” who is entitled to workers’ compensation benefits. Those who are true independent contractors may be able to pursue a personal injury suit if their injury or illness resulted from the negligence of their client or someone else.
When you are offered a settlement, you will generally be offered a lump sum or a weekly sum. If you choose the latter, the letter which details your benefits will provide information about when these benefits run out. A party is not required to take a settlement, however, and may be entitled to weekly benefits for up to 500 weeks, and in certain instances for even longer.
Yes, but there are exceptions. If your injury or illness is an emergency, you are not required to see a company doctor until your condition is stabilized. Additionally, if your employer fails to provide you with their list of approved doctors within a reasonable amount of time, you are also permitted to see your own doctor.
If you can return to work but cannot perform the same duties that you had before you were injured, your employer may seek to make reasonable accommodations to allow you to return to work at a similar rate of pay. For example, if you work on a manufacturing line but your injury prevents you from standing for long periods, your employer may attempt to provide you with an accommodation such as a chair or a different duty that aligns with your doctor’s treatment plan. If this is not possible, you will not be required to return to the same job and you can continue to earn workers’ compensation or find a different job that does not interfere with your recovery.
Do You Have a Workers’ Compensation Lawyer Near Me?
While we see and represent workers located across North Carolina, if you’re located in the Charlotte metropolitan area, you can find our office located at 930 East Blvd, Charlotte, NC 28203 near PNC Bank and Zen Massage and Chiropractic. Call us at 704-335-1500 or stop by for a consultation.
