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If you have been injured at work you may be eligible for workers’ compensation benefits, but what exactly does that mean, and what injuries are covered under North Carolina law?

Workers’ compensation is a no-fault type of insurance coverage for employees who are injured in the course of work and cannot return to their job, whether that be permanently or temporarily, that covers their medical costs and pays 2/3 of their average weekly wage during that time. Keep in mind that not all injuries are covered, and it can be highly relevant how you get hurt and how it relates to what body part you injure.

If you are hurt at work, your employer may give you a Form 19, which is the employer’s notice to the Industrial Commission of the accident (note that not all employer’s do this, and you may need to file a Form 18 to report the accident yourself). If the claim is accepted, you will receive compensation for 2/3 of your average weekly wage, and payment of medical costs. Often the claim will be denied for a variety of reasons, and you will need to request a hearing with the Industrial Commission to determine liability.

While this may seem rather intuitive, workers’ compensation cases in North Carolina are riddled with exceptions to the rule, offsets, and other laws that benefit the employer if you do not know your rights, and we encourage you to consult with an experienced attorney to understand your rights and your employer’s legal obligations.