When someone is injured at work, the North Carolina state law of Workers’ Compensation governs the handling of the claim. From the moment an employee is injured, there are time limits that start for both the employee and the employer. When the employer knows of an injury, the employer must make certain reports to the Industrial Commission, which is the court system for Workers’ Compensation cases in North Carolina. However, the reports that the employer must make DO NOT satisfy the reporting obligations of the employee, or stop the clock from running for the employee to make his or her claim. Under certain circumstances, an employee may be injured, and report her injury to her employer, and can even be paid for time missed from work, and if the employee does not make the proper filing with the Industrial Commission, the employee’s claim can be dismissed, and she will receive no further benefits.
Chapter 97 of the North Carolina General Statutes is the law for Workers’ Compensation cases in North Carolina. In addition, the Industrial Commission has a set of rules which also apply to injured workers’ claims. It is critical to follow all the statutes and all the Industrial Commission rules to protect your claim.
An injured worker is entitled to numerous benefits. It is not the obligation of the employer to advise the injured employee about all of these benefits. The injured employee must file her claim with the Industrial Commission to protect her claim and receive benefits. However, even the simple filing of a claim does not insure that an employee will receive all that she is entitled to receive. It is critical to know what benefits to demand.
In the event you are injured at work, please consult with an attorney who practices in the field of Workers’ Compensation in front of the North Carolina Industrial Commission. At DiRusso & DiRusso we offer free consultations with an attorney who practices Workers’ Compensation law. We have over 25 years of experience representing injured workers before the North Carolina Industrial Commission.