Greenville, North Carolina Workers’ Comp Attorney

Workers’ Compensation Law

Any Workers’ Compensation attorney should have a thorough understanding of North Carolina’s laws in regards to Workers’ Compensation: eligibility, claims and appeals. These laws contain information for employers and employees and govern the amount of compensation to be paid as well as the time frame and who is eligible to receive compensation.

These laws are complex and lengthy, yet another reason that working with a lawyer is in your best interest if you are injured at work and need to file a claim to receive Workers’ Comp benefits. Greenville Workers’ Compensation lawyer Timothy E. Burch knows the ins and outs of the laws and regulations governing Workers’ Comp in North Carolina. This knowledge is invaluable in his case evaluation and when he represents clients, as he knows how to get you the maximum compensation available to you.

North Carolina Workers’ Compensation Act

In North Carolina, Workers’ Compensation laws are outlined in the North Carolina Workers’ Compensation Act, NCGS Chapter 97. Some of the information and points the Act covers include:

• All employees and employers have an obligation to follow the regulations stipulated in the Workers’ Compensation Act.
• Compensation is not available to employees who were intoxicated, unless the alcohol was provided by the employer, to employees who were under the influence of controlled substances, other than a legally prescribed prescription drug taken in the proper dosage amount, and to employees who willfully intended to injure or kill themselves or another.
• An employee is not held liable even if he or she was partially or wholly at fault in the accident.
• All compensation received for injury or disability is tax exempt.
• There is a 2 year statute of limitations on Workers’ Comp claims, except for claims involving the occupational diseases of asbestosis, silicosis and lead poisoning.
• During an employee’s inability to work, he or she is entitled to 2/3 of his or her normal wages.
• Employees suffering from total and permanent disability are entitled to benefits for life.
• The North Carolina Industrial Commission governs and makes rulings during hearings when an employer and employee cannot come to a decision within 14 days of the formal claim (when one party requests the hearing).
• For a schedule of injuries, including the rate and period of compensation, click here.

This is only a small portion of the information the Act covers. To find out if you are eligible for Workers’ Compensation, to get help with a hearing and to get legal assistance of any kind, contact attorney Burch and his staff to see what can be done.

Injured on the job? Suffering from an occupational disease? Contact Burch Law Office today!