The need for worker’s compensation
It may be necessary to hire a worker’s compensation attorney if you encounter resistance from your employer after you have filed a claim. The worker’s compensation program was originally established to provide coverage for injured workers and to protect employers, but over the years, employers see worker’s compensation cases as an unwanted expense. The law clearly holds that all employers are required to carry worker’s compensation insurance. However, many employers work very hard to keep their employees from filing claims, and some will even delay or refuse payment.
Every employer in NC must carry worker’s comp
State law mandates that every employer in North Carolina must carry worker’s compensation insurance through an independent insurance provider. The only time a company is not responsible for injured employee medical costs is when the injured employee refuses medical attention for their on-the-job injuries. If the employee refuses treatment, any medical costs that are related to their job-related injury becomes the responsibility of the employee.
Some employers choose to forego the use of a third party carrier and “self-insure” their own employee claims. This is acceptable under state law if an employer meets certain financial qualifications. If an employer wishes to be self-insured, then they must meet the following requirements:
- The employer must have greater than $500,000 in total fixed assets
- The employer must meet or exceed work safety standards as outlined by the North Carolina Department of Labor
- The employer must file for certification as a self-insured company with the North Carolina Self-Insurance Security Association
Employee responsibilities in worker’s comp cases
Just as the company must meet certain requirements for worker’s compensation insurance, employees are required to follow regulations regarding the filing of a claim. The employee must notify his or her employer about workplace injuries as soon as possible. Failing to do so could hold the employee responsible for all medical expenses prior to notifying their employer. If it is not a life threatening injury, the injured employee should seek medical treatment only after formally notifying the employer. When the employee visits the medical treatment facility, they are to specify that the injuries are work-related, and then the medical provider will file the worker’s compensation claim. It is against the law for an employer to coerce or convince an employee not to file a claim. If any company is found or reported to do this, they can face legal prosecution.
Worker’s compensation lawyer in Charlotte, NC
If you are looking for worker’s comp attorneys who have years of experience helping honest and hardworking people receive the compensation and treatment they deserve, consider The Olive Law Firm in Charlotte, NC. Call their offices for a complimentary consultation in English or Spanish. It does not matter what kind of work-related injury you have, you deserve to know your options. The Olive Law Firm has been helping Carolinians understand their rights and seek justice since 1957. Call them today to schedule a free consultation with a worker’s compensation attorney.