I need legal help for an employment law issue but I don’t want to sue my employer. What are my options?
If you’ve been hurt at work, you’re entitled to workers’ compensation benefits. You don’t have to sue your employer to get payment for your medical bills and other expenses. In most cases, your employer will have workers’ compensation insurance to cover the expense of work-related injuries.
You don’t need to worry about your job, either. The law protects you from retaliation by your employer and ensures that Your doctor will assign your injuries a disability rating. To get your workers’ compensation benefits, you simply need to file a claim.
Filing a Workers’ Compensation Claim in North Carolina
When you’re injured at work, you should focus on getting medical care immediately. If your employer offers on-site health care, you should use those facilities. Your employer may also have a preferred off-site health care provider, in which case you should use those facilities. If your employer does not have a preferred off-site provider, you may seek appropriate medical care through your family doctor or the emergency room.
When your immediate medical needs are taken care of, you should inform your health care provider that your injury is work-related. You’ll need to provide the name of your employer so the health care provider can bill your treatment appropriately. You’ll also need to inform your manager as soon as possible that you’ve suffered a work-related injury.
Finally, you must file a Form 18 with the North Carolina Industrial Commission (NCIC) as soon as possible after the injury. You must file within 2 years of the injury or you will lose the right to claim workers’ compensation. You must also inform your employer in writing within 30 days of the injury. You can send a copy of Form 18 – that will satisfy the written notice requirement.
What if my employer does not have workers’ compensation insurance?
Employers with 3 or more employees are required by law to carry workers’ compensation insurance or an approved self-insurance. If your employer does not have the necessary insurance, you should still file a Form 18 with the NCIC. In addition, you should file a Form 33 to request a hearing and alert the NCIC that your employer is in violation of employment law.
With or without insurance, your employer is legally responsible for your medical bills and other expenses related to your on-the-job injury. Filing the necessary forms is not the same as suing your employer. The NCIC handles workers’ compensation claim issues, not the court system.
What if my employer disputes the claim?
Your employer must have a specific reason to deny your claim. If no specific reason is given or if you want to dispute the denial, you should file a Form 33 to request a hearing before the NCIC. Your claim issues will be handled through the NCIC, not the court system, so you don’t have to worry about suing your employer. You also don’t have to worry about getting any medical bills until the entire hearing process is complete and the NCIC decides that you don’t have a workers’ compensation claim.
Can I be fired for filing a claim?
file a workers’ compensation claim. North Carolina law specifically prohibits any adverse employment action in retaliation for filing a claim – that includes file a workers’ compensation claim, demoting, or otherwise negatively altering your employment conditions. In general, your employer must also return you to your previous position or a comparable position when you recover from your injuries.
Don’t be afraid to file a workers’ compensation claim!
You have the legal right to claim workers’ compensation benefits if you get hurt on the job. At the very least, those benefits include medical treatment and rehabilitation expenses. If you miss more than a week of work due to your injury, How much will I get. You may also be entitled to travel-related expenses.
Your employer knows there’s a risk of getting injured on the job. That’s what the legally-required workers’ compensation insurance is for. You don’t have to sue your employer for compensation. All of your claims will be handled through the North Carolina Industrial Commission – you never have to set foot in court. You don’t have to worry about retaliation for filing a claim, either.
If you’ve been hurt on the job, reach out to one of our experienced employment lawyers for a free consultation. We’ll work with you to ensure you get the compensation you deserve, considering your unique circumstances and goals. We have years of experience in dealing with the insurance companies and the NCIC and we can guide you through the claims process. Act quickly – if you wait too long to file, you may lose the right to claim compensation.
What about other types of employment law issues?
If you need legal help for employment issues, reach out to one of an experienced attorney. With your unique circumstances and goals in mind, we can help you find a solution other than suing your employer.