Workers’ compensation can be difficult to get, but it can ease some of the financial stress. A skilled Greensboro worker’s compensation attorney will be able to answer questions like, “What is the coming and going rule in workers’ compensation in North Carolina?” and help you pursue a favorable outcome.
Dealing with an injury can be an emotional and overwhelming process. Not only are you dealing with confusing medical information and ongoing discomfort, but it can also be incredibly expensive, especially if you have to take time off to recuperate. There may be some hope, however, if your injury happened while you were at your place of employment.
What Is Workers’ Compensation?
In North Carolina, workers’ compensation is when the insurance company hired by your employer provides medical care and/or cash benefits after you are injured or become sick due to something directly connected to your job. Certain employees are insured for certain risks due to the possibility they could become injured at work and need assistance handling the financial and medical repercussions of this injury.
What Is the Coming and Going Rule in Workers’ Compensation in North Carolina?
The “coming and going” rule applies to traveling to and from your place of employment. About 76% of workers in Greensboro commute alone to work. In North Carolina, any injuries or illnesses acquired on your way to and from work, unfortunately, do not qualify for any workers’ compensation.
Here is an example of this: if you twist your ankle on your way to work, your employer does not owe you any form of compensation. Just as an hourly employee is not paid for their commute, you will not receive financial or medical assistance for any injuries and/or illnesses that occur outside of your time at work. However, if your commute is “on the clock,” such as for any of the many Amazon drivers in Greensboro, then this rule is not applicable and you should be covered.
What Qualifies as a Workers’ Compensation Claim in North Carolina?
Sometimes, it can be difficult to determine whether or not you have the standing to file a workers’ compensation claim. Here are some examples that may qualify as a reason to take the next step:
- Transportation accidents. While you cannot receive workers’ comp for an injury acquired on your way to and from work, you can receive it for traffic accidents while on the job. If you drive for work and end up injured due to an accident, you can file a workers’ compensation claim.
- Violence. If someone attacks you at work and leaves you injured, you have reason to file a workers’ compensation claim. This includes everything from animal bites to coworkers fighting you to customers attacking you.
- Slip and fall accidents. This could be slipping on a wet floor and dislocating your shoulder, or it could be breaking bones after falling from a ladder. While your employers may be trying to be diligent to make it a safe workplace, accidents happen, and you are still entitled to workers’ compensation if this is the case.
- Contact accidents. These kinds of accidents occur when employees get caught in or stuck beneath work equipment. It can lead to being crushed or losing body parts, all of which can be a life-altering experience for the employee involved. You have every right to file a claim for workers’ compensation.
If any of the previous examples ring true for your recent workplace injury experience, you will benefit from finding a Greensboro worker’s compensation attorney who can help you start the workers’ comp legal process. It is also a good idea to reach out to a workers’ compensation lawyer if you still feel unclear about whether or not you have a case.
Experienced lawyers will be able to help you build a case that covers all of the key points and backs them up with compelling evidence. You will most likely benefit from having a workers’ compensation lawyer on your side, as they will not only approach your unique case with compassion and wisdom but also be able to simplify the experience for you in so many ways.
FAQs
Q: What Is the North Carolina Workers’ Compensation Law?
A: Employers in North Carolina are legally required to provide medical and wage benefits for employees who have been injured while on the job and/or at their workplace. Workers’ compensation and employer’s liability are, simply put, a form of no-fault insurance provided for the employee by their employer. This means the employee must forfeit certain rights to sue the company.
Q: Can I Be Terminated While on Workers’ Compensation in North Carolina?
A: While you cannot legally be fired for filing a workers’ compensation claim in the state of North Carolina, your employment can be terminated for other reasons. Sometimes, employers will take advantage of your absence to let you go for a reason that is unrelated to your workplace injury, and they are legally allowed to do so.
Q: What Is the Waiting Period for Workers Compensation in North Carolina?
A: In the state of North Carolina, there is a seven-day waiting period before you will be able to receive the benefits of your workers’ compensation. This window of time can be used to take time off of work to rest by using sick leave, vacation time, or compensatory time.
Q: Does My Employer Have to Hold My Job While on Workers’ Comp in North Carolina?
A: Unfortunately, in the state of North Carolina, your employer does not have to hold your job while you are on workers’ compensation. This makes it even more important that you get the most out of your workers’ compensation just in case your employer chooses to let you go.
Having a workers’ compensation lawyer help you with the process often increases the likelihood of you achieving an outcome with which you feel secure.
Get Clarity Today
While the legal world of workers’ compensation can be difficult and overwhelming to navigate, there are lawyers ready to put their knowledge and experience toward creating a strong and compelling case on your behalf. M. Reid Acree Jr., Attorney at Law, has such lawyers, and they are prepared to assist you as you start the legal journey toward receiving working compensation. Contact us today for a consultation.