Workers' Comp FAQ

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What do I do after being hurt on the job?

The first thing you should do is notify your employer of the accident. You should seek medical treatment wherever the employer directs you, or your own doctor. You should then file a claim by completing the Commission's Form 18 and providing a copy to your employer and the Industrial Commission.

Can I be fired for filing a workers' compensation claim?

No, you cannot be fired for a workers' comp claim if you have been injured while on the job. However, if you commit fraud using the workers' comp system, that is an offense that can warrant dismissal. Additionally, if you are absent from work due to your work injury for a significant period of time, your employer may terminate your job, but you will continue to receive your workers' compensation benefits.

What if I can't do my job after my injury?

You should look for another job that you can do, and keep a log of all efforts you make along the way. Having a record of your job search will show your efforts to find a job, which is necessary to prove that you are at least partially disabled and unable to work, which will allow you to keep receiving your weekly checks. This documentation is critical if you want to settle your case.

How much will I be paid for my injury on the job?

If your claim is approved, workers' compensation should cover:

  • 100% of your medical costs, if all documentation is submitted properly
  • Sixty-six and two thirds of your salary for time off of work, if you are unable to perform your job or other light duty work.
  • The cost of transportation to medical providers
  • Job training if you are not able to return to your prior job due to your injuries

You may also be eligible to receive ongoing permanent disability benefits or temporary disability benefits for full or partial disabilities.

How much will I have to pay my lawyer?

Our attorneys will only receive a portion of the workers' compensation benefits you receive. The amount of the fee must be approved by the North Carolina Industrial Commission and is typically 25% of the benefits you receive if your claim is denied or 25% of ongoing benefits when your case involves other legal issues