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On This Page
  1. Which Workers' Compensation System Covers You in Jacksonville, NC?
  2. Are Contractor Employees at Camp Lejeune Covered by North Carolina Workers' Comp?
  3. What If You Are a Civilian Federal Employee Working in Onslow County?
  4. What Kinds of Onslow County Jobs Produce Workers' Comp Claims?
  5. Who Investigates a Workplace Death or Serious Injury at Camp Lejeune?
  6. Who Takes Onslow County Cases, and What It Costs

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Jacksonville, NC Workers’ Compensation Lawyer

Client filing workers' comp form

Someone told you, with total confidence, that you have to file with the federal government. Someone else said the Defense Base Act covers you. A third person said people who work around the base do not get workers’ comp at all. At least two of them were wrong, and the one who was wrong about your job could cost you your claim.

Whitley Law Firm represents injured workers in Jacksonville, North Carolina, and across Onslow County from our office at 825 Gum Branch Rd, Suite 104-3. A Jacksonville NC workers’ compensation lawyer at our firm starts with the question almost nobody answers first: which of four compensation systems covers the work you were doing.

In Onslow County that is not a technicality. A facilities contractor, a civilian federal employee, a cashier and an active duty Marine can all be hurt inside the same few miles and file in four different places, on four different clocks. File in the wrong one and the right one keeps running without you.

That question has an answer, and getting it takes one conversation at no charge. Reach us at +1 (800) 785-5000 before the paperwork goes anywhere.

Which Workers’ Compensation System Covers You in Jacksonville, NC?

The system that covers you is decided by who signs your paycheck, not by where you were standing when you got hurt. Four systems overlap in and around Jacksonville, and each has its own filing office, forms and deadline.

Who you work for Which system covers you Where you file The deadline
A private employer in Jacksonville (retail, trucking, healthcare) North Carolina workers’ compensation North Carolina Industrial Commission, Form 18 Report the injury in writing within 30 days, file within two years
A private contractor working on Camp Lejeune or MCAS New River Generally North Carolina workers’ compensation, under 40 U.S.C. § 3172 North Carolina Industrial Commission, Form 18 Report the injury in writing within 30 days, file within two years
A civilian employee of the federal government The Federal Employees’ Compensation Act (FECA) US Department of Labor, Office of Workers’ Compensation Programs, Form CA-1 or CA-2, usually through the ECOMP portal Generally three years
An active duty service member Not workers’ compensation at all VA disability compensation See VA eligibility rules

One wrinkle sits underneath that table. Genuinely maritime work can trigger the federal Longshore and Harbor Workers’ Compensation Act instead of state coverage, which is why the question is worth asking before you file anything.

Two of the four are easy to confuse. A contractor employee and a civilian federal employee can work the same building and badge through the same gate. Their claims go to different agencies.

The Whitley Advantage isn’t just one thing – it’s everything.

Contact Us Today For a FREE Confidential Case Review (800) 785-5000

Are Contractor Employees at Camp Lejeune Covered by North Carolina Workers’ Comp?

Best Lawyers Firm Logo 2024: Whitley Law FirmGenerally, yes. If you work for a private contractor on Camp Lejeune or MCAS New River, your injury is usually a North Carolina workers’ compensation claim, filed with the North Carolina Industrial Commission (NCIC), the state agency that decides comp claims.

Being on federal land does not pull you out of state law. Congress authorized states to apply their workers’ compensation laws on federal property under 40 U.S.C. § 3172, so a private contractor’s employee working aboard a domestic base files in North Carolina like any other employee, using the Industrial Commission’s forms.

The Defense Base Act is not your system. It covers civilian employees working outside the United States on US military bases or under US government contracts. Camp Lejeune is in Onslow County, North Carolina.

When does the federal Longshore Act apply instead?

Genuinely maritime work can pull a claim into the Longshore and Harbor Workers’ Compensation Act (LHWCA), a separate federal system run by the Labor Department. Coverage generally turns on work performed on navigable waters, or on adjoining piers, docks, terminals and wharves. The Labor Department’s Longshore FAQs lay out the coverage test.

Sorting this out early matters because the deadlines differ, and filing in the wrong system does not stop the clock in the right one.

Jacksonville Workers' Compensation Lawyer Near Me (800) 785-5000

What If You Are a Civilian Federal Employee Working in Onslow County?

You are not in the state system at all. North Carolina law expressly excludes federal government employees from the state workers’ compensation act under N.C.G.S. § 97-13(b). Civilian federal employees are covered instead by the Federal Employees’ Compensation Act, usually shortened to FECA.

FECA is administered by the US Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Different office, different forms, different clock.

Which FECA form do you file?

Three forms carry most FECA claims:

  • Form CA-1 for a traumatic injury, meaning one caused by a specific event during a single work shift
  • Form CA-2 for an occupational disease that developed over more than one shift
  • Form CA-7 to claim wage loss once you are missing work or earning less

Most agencies file through ECOMP, the Employees’ Compensation Operations and Management Portal. The Labor Department publishes instructions for filing a FECA claim, and the ECOMP filing guide walks through what is expected from you and your supervisor.

How long do you have to file a FECA claim?

Generally three years. Under 5 U.S.C. § 8122(a), an original claim for compensation for disability or death must be filed within three years of the injury or death. Exceptions apply, including where your immediate supervisor had actual knowledge of the injury within 30 days, or where written notice of injury was given within 30 days.

Three years is not two, and neither is a reason to wait. Evidence thins, witnesses transfer, and supervisors rotate out.

Not sure which agency your paperwork belongs to? Call +1 (800) 785-5000 and ask. There is no charge for that conversation.

This firm has always been about people and helping them.

Contact Us Today For a FREE Confidential Case Review (800) 785-5000

What Kinds of Onslow County Jobs Produce Workers’ Comp Claims?

Bbb rating a png logo 9 fixedMost Onslow County comp claims come out of work that supports the base rather than work performed in uniform. Marine Corps Base Camp Lejeune covers roughly 153,439 acres and is the largest Marine Corps base on the East Coast.

MCAS New River adds approximately 7,000 Marines, Sailors and Airmen plus about 1,000 civilian employees. Together the base and the surrounding community are home to roughly 100,000 active duty, dependent, retiree and civilian residents.

That population has to be housed, fed, driven, treated and maintained. Those jobs are where the injuries happen.

Base-support contracting

Facilities maintenance, construction, logistics, food service and custodial contracts employ a large civilian workforce in Onslow County. The injuries look like any other construction or maintenance claim: falls from height, crushed hands, back injuries from lifting, repetitive strain. What changes is which system pays and who investigates.

Manufacturing and precision work

Onslow Bay Boatworks, Mine Safety Appliances and Coastal Swiss Precision put people in front of machines. Boatbuilding brings resin and fiberglass exposure, awkward postures inside hulls, and heavy lifting. Precision machining brings amputations, lacerations, hearing loss and cumulative trauma to hands and wrists.

Retail, grocery and delivery driving

A community this size supports a lot of retail and grocery work, and Amazon announced a delivery station in Jacksonville. Last-mile delivery and trucking generate loading injuries, ladder falls, dog bites and vehicle crashes.

On-the-job crashes are worth a second look. A crash caused by another driver can support both a comp claim and a separate claim against that driver.

Healthcare, and where a badly hurt Onslow County worker ends up

Onslow Memorial Hospital is a 162-bed acute care facility whose emergency department treats more than 50,000 patients a year, and it carries no state trauma designation. Naval Medical Center Camp Lejeune is a Level III trauma center. The nearest Level I is ECU Health Medical Center in Greenville.

A seriously injured Onslow County worker often wakes up about an hour and a half from home, with family driving back and forth and mileage piling up. Distance also affects how long treatment takes and, in turn, how long benefits may last.

We are committed to the highest quality client service and one-on-one attention.

Contact Us Today For a FREE Confidential Case Review (800) 785-5000

Who Investigates a Workplace Death or Serious Injury at Camp Lejeune?

Federal OSHA, not the North Carolina Department of Labor. North Carolina runs its own OSHA State Plan, so state inspectors enforce workplace safety for most private employers here. That plan does not extend to military bases, as OSHA’s North Carolina State Plan page reflects, so a contractor injury aboard Camp Lejeune falls to federal inspectors.

An investigation is not a claim. Whether the inspector is federal or state, a safety case is between the government and your employer. It can end in a citation and a penalty paid to the government. It does not pay your medical bills, replace your wages, or file anything for you.

Your claim is a separate matter that you have to start, on your own deadline. Waiting for an investigation to produce a result for you is waiting for the wrong thing.

Who Takes Onslow County Cases, and What It Costs

Super LawyersWhitley Law Firm takes Onslow County comp cases, and consultations are free. The firm works on contingency, charging no attorney fee unless it recovers compensation, and in a North Carolina workers’ compensation case attorney fees are also subject to approval by the Industrial Commission under N.C.G.S. § 97-90.

We meet clients in Jacksonville at 825 Gum Branch Rd, Suite 104-3. Matthew Bissette, a partner at the firm, heads the Workers’ Compensation Department, with case managers and paralegals assigned to comp claims. Attorney Jack Keener works with Spanish-speaking clients. Hablamos español.

Our attorneys bring more than 120 years of combined experience in North Carolina injury and comp work.

In a state claim, our role is to confirm which system applies, file the Form 18 inside the two-year window, check that your average weekly wage (AWW) is right, and press the carrier when medical care stalls.

Temporary total disability (TTD), the weekly checks paid while you cannot work, is only as good as the AWW underneath it.

If your claim has been denied on a Form 61, that is not the end of the road. A Form 33 asks the Industrial Commission to assign the case for hearing.

Jacksonville Workers’ Comp Questions People Ask Before They File

My employer’s contract on base ended while my claim was open. Who pays now?

Generally the same carrier. A claim typically stays with the insurer that was on the risk when the injury happened, and a contract ending does not by itself end an accepted claim or the obligation to keep paying.

What it can complicate is return to work, since the light-duty job you were headed back to may have gone away with the contract.

Do I need a lawyer licensed in North Carolina if I was hurt on a federal base?

It depends on which system your claim falls under. A North Carolina claim goes before the state Industrial Commission, while a federal claim goes through a federal program with its own rules and representation requirements. So the first question is always which system applies to the job you hold.

I’m a military spouse working on base. Which system covers me?

It depends entirely on who signs your paycheck, not on your connection to the military. A spouse employed by a private contractor generally falls under North Carolina workers’ compensation. A spouse hired as a civilian federal employee falls under FECA and files with the Labor Department. A spouse working retail off base is a straightforward North Carolina claim. Same person, three possible systems.

I work on base but my employer is headquartered somewhere else. Does that matter?

Usually less than people expect. What generally matters is where you were working and who employed you, not where the company keeps its corporate address, so a worker hurt on Camp Lejeune for a contractor based elsewhere is typically still looking at a North Carolina claim.

An out-of-state headquarters can affect which adjuster handles the file and how fast records move.

Before You File Anything, Find Out Which System You Are In

An injured worker discussing case with the clientAround here, the confident wrong answer is the expensive one. People who work on and around Camp Lejeune hear plenty about their rights from coworkers, supervisors and adjusters, and some of it is not true for the job they hold.

You need one clear answer about who covers you, where the paperwork goes, and how long you have.

Active duty service members should start with the VA’s disability eligibility rules, a different track altogether. Everyone else working in Onslow County is in one of the other three systems.

Call +1 (800) 785-5000 and we will start with the question that decides everything else: who covers you.

Learn about what makes us unique and why we are the right firm to help you.

Contact Us Today For a FREE Confidential Case Review (800) 785-5000
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