What You Can Recover in a North Carolina Workers’ Compensation Case
How Your Workers' Comp Benefit Will Be Calculated
There are a variety of factors that go into determining the amount that an individual injured worker can receive. The specific amount of compensation depends on: hourly wages, over-time, bonuses and/or per diem payments.
If the injury keeps the injured worker out of work for more than a few days, lost wage replacement can be owed.
There is a seven day waiting period but if you are out of work pursuant to your doctor's orders for an extended period of time, you may be entitled to compensation for all the time you are out (including the first seven days). Injured workers are entitled to 66 2/3% of their average weekly wage not to exceed the maximum weekly amount for the year of the injury.
Calculation of wages and your compensation amount is a very important part of your case. Consult with a knowledgeable North Carolina workers' compensation attorney to make sure you will receive or are currently receiving the correct amount.
In addition to payment for lost wages, you may be entitled to other benefits under the North Carolina Workers' Compensation Act such as:
• Medical Expenses: medical treatment is provided by the employer or the employer's insurance company. The employee who is injured at work typically must receive treatment from a medical provider approved by the employer, or the employer's insurance company in order to be compensated for any expenses. However, if the employer refuses to pay for medical treatment and the employee needs immediate care, the cost of the immediate treatment may also be reimbursable.
• Travel Expenses: if an employee has to travel more than 20 miles round trip to receive medical care then the employee is entitled to mileage reimbursement at the statutory rate at the time of your trip If you do not have transportation to your medical appointments then workers' compensation may be responsible for providing that necessary transportation to ensure you are getting the medical treatment you need.
How a Lawyer Will help You
Worker's compensation law entitles injured workers to the compensation described above, but that doesn't mean that the compensation is always readily provided. A North Carolina worker's compensation attorney will make sure that you have all of the correct documentation, will use the terms that the insurance company needs to hear to provide you payment, and will work hard to obtain a fair and complete recovery. We also help injured workers with their workers' comp claims appeals.
While we cannot guarantee what your claim will be, we can promise you that we will work hard to protect your rights and to fight for every penny that you deserve. We understand that you are going through a tough time physically and financially. We don't want you to worry about lawyer's fees. Our initial consultation to you is free of charge and work performed beyond that consultation is on a contingency fee basis. We have been helping injured North Carolina workers for more than 50 years. Call an Egerton Law attorney today at 1-800-800-4LAW if you've been injured on the job and let us help you with your recovery.
*Source: N.C. Industrial Commission Maximum Weekly Benefit for 2010 Memorandum issued October 1, 2009