Shallotte Workers' Compensation Attorney - Workers' Compensation Lawyer
Workers’ compensation provides recovery for lost wages and medical and medical payments to employees who were injured on the job.
In North Carolina, a person hurt on the job is entitled to compensation under the NC’s Workers’ Compensation Act.
The Workers’ Compensation Act was adopted in North Carolina in 1929 and it s a quasi “statutory promise” between employees and their employers guaranteeing the employees compensation for injuries sustained on the job regardless of negligence on the part of the employer. In exchange however, employees relinquish their right to sue their employers for the negligent tort - the Workers’ Compensation Act replaced tort liability with no-fault liability. This means that common law remedies such as damages for pain and suffering, punitive damages for employer negligence are generally not available.
Four elements have to be must be established in order to successfully pursue a workers’ compensation claim in North Carolina:
● An employee-employer relationship;
● An injury by accident or occupational disease;
● That the injury arose out of and in the course of his employment; and
● Such injury caused the incapacity or loss which is compensated under the Act.
If injured on the job, a worker should immediately notify their employer and seek proper medical attention. The Workers Compensation Act establishes a statutory notice requirement pursuant to which an employee must generally notify his employer of an injury within 30 days of the injury. Failure to do so may bar the injured employee from workers’ compensation benefits. However, some exceptions apply.
While some cases may be fairly simple and to not require the assistance of an attorney, because of the not easy recognizable catches in the laws and the complexity of workers’ compensation claims, one should always consult with an attorney practicing in the area of worker’s compensation. Collins Law Firm at 910-793-9000 offers free consultations for employees who were injured on the job.