Workers’ Compensation Benefits in Greenville
While being involved in a workplace accident can be a stressful situation, know that there are many workers’ compensation benefits in Greenville that can potentially cover your medical expenses while you are recovering from your injuries. A reliable Greenville workplace accident lawyer can guide you through the process of receiving any workers’ compensation benefits in Greenville you may be eligible for. Read on to learn more about how you can potentially receive workers’ compensation benefits in Greenville, as well as the ways a skilled Greenville workers’ compensation attorney can make a difference in your case.
Benefits Covered by Workers’ Compensation in Greenville
Wage replacement, medical treatment, mileage reimbursement, and permanent injury treatment are all covered by workers’ compensation benefits in Greenville. To receive these benefits, an individual must have been injured on the job. One unique difference workers’ compensation in North Carolina has compared to other states is that a requirement exists in North Carolina that an individual has to show an injury by accident. For this reason, it is important to talk to an attorney before an individual gives a statement to their employer or an insurance adjuster. In North Carolina, the wage replacement benefit amount does not increase, which means it is critical that the amount of the weekly check be calculated correctly.
An individual’s average weekly wage is the amount of actual wages, including overtime, that the injured worker earned in the year prior to the date of the injury. Know that if an individual was already impaired at the time of their injury or if they were injured outside the scope and course of their employment, they may not be entitled to compensation.
Effects of an Employee’s Categorization on Their Benefits
With federal employees, the benefits allowed are much more limited than with state workers’ compensation. When employers misclassify employees as independent contractors, they may be attempting to avoid paying workers’ compensation or providing workers’ compensation insurance coverage. An experienced Greenville workers’ compensation attorney will understand the rules regarding when an injured worker is an employee versus an independent contractor. Just because an employer has put an injured worker in the category of an independent contractor does not mean that they are not entitled to receive workers’ compensation.
How Workers’ Compensation Applies to an Employee’s Future Needs
Workers’ compensation is designed to provide compensation for future medical needs related to an individual’s workplace injury. Any injury made on the job that requires medical treatment can lead to a claim. It should also provide wage replacement benefits in the event that the injured worker cannot return to their previous employment. Individuals cannot receive both workers’ compensation and unemployment benefits at the same time. If someone is out of work due to their injury, they are entitled to two-thirds of their average gross earnings earned before the injury. This includes any overtime earned before the injury. The payment for a permanent disability is based on the weekly compensation rate, which is based on prior earnings.
Role of the Employer and Insurance Company in Medical Treatment Received
If an individual is injured on the job and this fact is accepted by their employer, that employer has the right to direct treatment. This means the employer gets to pick which doctors the individual goes to for treatment. In these situations, the insurance company may also have the right to pre-authorize a medical treatment. In some circumstances, they also have the right to pick the doctor that is to provide treatment. However, insurance companies are only given the right to authorize medical treatment with certain limitations. For example, once a doctor is selected by the insurance company, they then have to comply with that doctor’s recommendations.
Maximum Medical Improvement
Maximum medical improvement (MMI) occurs when a doctor opines that the injured individual’s condition will not greatly improve with continued medical treatment, and assigns any necessary permanent work restrictions to the worker. However, an individual who has reached MMI can still receive medical treatment even though they have reached this state. If they are unable to return to work due to a limitation, then they can still continue wage replacement benefits although they are at maximum medical improvement.
If an individual is not being referred to a specialist to treat their injuries, they may feel their medical treatment is insufficient. If they are unsatisfied with their treatment, injured employees can request a transfer of care to another medical provider by filing a motion with the Industrial Commission to have newly recommended treatment approved.
Reaching Out to a Professional Greenville Workers’ Compensation Lawyer
If you have been injured in a workplace accident, reach out to a reliable Greenville attorney today to gain an aggressive advocate for your compensation. An experienced workers’ compensation lawyer will ensure the notices are filed on time, contact the insurance adjuster, and demand timely payment of all wage replacement benefits. Schedule your initial consultation today to learn more about how you could be covered under workers’ compensation benefits in Greenville.