Work-related injuries can be dangerous and cause many problems for workers, including the loss of wages because of time missed on the job. Back injuries can be some of the most serious injuries that occur in the workplace. Injuries that occur while performing work-related duties give the employee a chance to file a claim for the injury in the state of North Carolina. You may be wondering, “Can you claim for a back injury at work in North Carolina?”
An experienced lawyer can help answer this question
Benefits are offered to employees who are injured or become ill due to their jobs. North Carolina law governs work compensation claims. There is an in-depth process to these claims, the criteria for filing, the potential outcomes, and the important considerations for someone seeking workers’ compensation for a work-related back injury.
Understanding Workers’ Compensation in North Carolina
Workers’ compensation is a form of insurance that provides compensation for employees who suffered work-related injuries or illnesses in the workplace. Employees can receive medical care and wage replacement benefits without having to prove fault under this insurance.
The North Carolina Industrial Commission manages the state’s workers’ compensation for these injuries, such as a back injury sustained on the job. If an accident like this occurs, you can file this claim and seek the following benefits:
- Medical Benefits
- Wage Replacement
- Vocational Rehabilitation
- Permanent Disability
Eligibility for Workers’ Compensation Claims in North Carolina
After you have sustained a back injury, it is important to determine if you are eligible for worker’s compensation before filing a claim. The following criteria must be met to file the claim and receive benefits:
- Employment Status: To file the claim, you must be an employee of a business. Independent contractors do not qualify for these benefits.
- Injury Occurred During Employment: The back injury must have happened while you were performing work-related duties. Your job tasks, such as lifting heavy objects, prolonged sitting or standing, or repetitive movements, must be the cause of your injury. Examples of work-related back injuries are:
- Repetitive bending or twisting motions
- Slips, trips, and falls
- Lifting heavy materials or machinery
- Injury sustained from an accident or collision while on the job.
- Sudden strains, sprains, or jerks during work-related activities
- Timely Reporting: You have to report the injury within a timely manner to qualify for workers’ compensation. If you fail to report it as soon as you realize your injury may be related to an accident that occurred at work, you may not receive any benefits.
- Medical Documentation: To demonstrate that the back injury is related to your job, you have to provide medical evidence. A doctor’s note, test result, physical therapy records, and other medical records that link your condition to work-related activities will suffice.
Steps to File a Worker’s Compensation Claim in North Carolina
There are many steps an employee must take to correctly file a workers’ compensation claim. It is important to follow this specific process so that the claim is valid and properly handled.
- Report the Injury to Your Employer: The first step in the process of filing a workers’ compensation claim is to report the injury to your employer. This should occur as soon as the injury happens. You should provide details about how it happened and when it occurred, and make sure the injury is documented. If the injury is something that develops over time due to work-related activities, be sure to tell your employer as soon as you make the connection.
- Seek Medical Treatment: After reporting the injury, you should seek medical treatment. Depending on the type of injury, you may need to seek emergency care or make a visit to the doctor. Some insurance providers will choose the doctor they want you to see; others may allow you to pick the medical professional you wish to visit.
- File the Claim: Your employer will provide you with the paperwork to file your claim. If they fail to do so, you need to contact the North Carolina Industrial Commission for guidance.
- Investigation Phase: After the claim has been filed, the insurance company will investigate the injury. They will determine if you are eligible for workers’ compensation benefits.
- Appeals Process: If your claim is denied, you can appeal the decision. An appeal hearing will take place. At this point, having a work injury lawyer represent you in the appeal process often increases your chances of winning your appeal. A lawyer can help you gather and present evidence that is essential to obtaining the benefits you deserve.
Legal Assistance and Advocacy in North Carolina Back Injury Cases
In North Carolina, as long as the back injury is work-related, well-documented, and properly reported, an employee should be eligible for workers’ compensation benefits. Although the process is straightforward, problems can arise with these cases. If the injury is complex or contested, it’s important to seek legal assistance quickly. Work injury attorneys can help advocate for you to ensure you receive the benefits you have the right to under North Carolina law.
FAQs
Q: Can You File a Claim If You Hurt Your Back at Work?
A: Yes, you can file a workers’ compensation claim if you hurt your back at work. To file the claim and receive benefits, you must meet certain criteria. This criteria includes valid employment, making sure the injury occurred due to work-related duties, reporting the injury in a timely manner, and documenting it with a medical professional. If a claim does not meet these details, it will likely be denied.
Q: What Are Common Back Injuries at Work?
A: There are many back injuries that can occur on the job, especially if your profession regularly requires you to use your back muscles. The severity of these injuries is often dependent on the nature of your job. Some of the most common types of back injuries are strains and sprains, herniated discs, fractures, sciatica, and chronic back pain.
Q: Can I File a Claim Against My Employer for a Back Injury?
A: There are situations where an employer can file a claim against their employer for a back injury. The injury must meet the workers’ compensation criteria. You will have to prove employer negligence, intentional harm, or third-party liability. If you feel that you are in a situation that requires you to file a claim, it is important to consult with an attorney to understand your rights and the necessary steps you should take.
Q: What Are Workers’ Compensation Benefits in North Carolina?
A: There are many different types of workers’ compensation benefits in North Carolina, and they can vary depending on the factors of each situation. In general, these benefits can be in the form of medical expenses, wage loss compensation, permanent disability compensation, lump sum payments, death benefits, vocational rehabilitation, and mileage.
Contact a North Carolina Lawyer to Understand Your Rights
If you or someone you know in North Carolina has sustained a work-related back injury and needs help going through the process of filing a workers’ compensation claim or need someone to represent you through the appeal process, contact the office of M. Reid Acree Jr., Attorney at Law.
Our legal team is well-versed in Charlotte work-related back injuries and the laws associated with them. Give our office a call today to get started working on your case and become one step closer to receiving the benefits you deserve.