What is a Workers’ Compensation Claim in Winston-Salem
Workplace injuries are a major concern for workers, their families, and even employers with a reported 2.9-million workplace injuries occurring every year. According to the United States Department of Labor, there were 71,000 nonfatal workplace injuries reported in 2016 throughout the state of North Carolina.
Suffering a workplace injury often costs thousands of dollars. Not only may workers lose money by not being able to work, but, they may often spend thousands of dollars in medical care and treatment. Fortunately, employees who suffer an injury in the workplace in Winston-Salem are may be covered by the workers’ compensation system. If you have been injured, you may be wondering what is a workers’ compensation claim in Winston-Salem and a lawyer could help you understand your rights to one.
Using the Workers’ Compensation Act, a skilled workers’ compensation lawyer could help workers recover compensation for injuries that are the result of an accident arising out of and in the course of the employment. The workers’ compensation system in Winston-Salem was designed to offer workers and even their families with an expeditious means of recovering compensation to help with lost wages, medical expenses, and disabilities.
Root of Workers’ Compensation Cases in Winston-Salem
Customarily, workers who suffered an injury in the workplace may have had to turn to the traditional common law court system and file an action against their employer asserting negligence or some other cause of action. However, the workers’ compensation system was designed to allow workers a more efficient and streamlined means of recovering compensation and to secure medical benefits after a workplace injury.
Workers’ Compensation Cases in Winston-Salem
In order for a worker to be eligible for workers’ compensation benefits they must prove the following:
- The injury was caused by an accident
- The injury arose out of the employment
- The injury was sustained in the course of employment
In addition, it is not enough to simply prove that an accident an injury occurred. In order to receive workers’ compensation benefits, a worker must demonstrate they suffer some disability.
However, the definition of disability under the Workers’ Compensation Act is quite expansive and “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.”
Benefits of a Workers’ Compensation Claim
Workers may be entitled to the following types of benefits under the workers’ compensation system:
- Temporary total disability
- Temporary partial disability
- Permanent partial disability
- Permanent total disability
- Death benefits
In addition, workers may be entitled to medical benefits for accidents and injuries that occur in the workplace. These benefits could be crucial to an individual and their family as these benefits may ensure that a worker is able to meet their financial obligations as well as ensures that workers do not face excessive medical bills. A seasoned lawyer could inform individuals of what a workers’ compensation claim in Winston-Salem is and what the benefits are.
Knowing What to do Following an Injury
If an employee suffers an injury in the workplace because of an accident, it is critical to report the accident and injury to the employer and supervisors as soon as possible. N.C. Gen. Stat. §97-22 requires workers to report their injury using Form 18 (Notice of Accident to Employer and Claim of Employee) within 30 days of the accident. This is an important step, and many workers’ compensation claims are denied because an employee waited too long to report their injury.
If you have any questions regarding what a workers’ compensation claim in Winston-Salem is, consult with a lawyer today.
A workers’ compensation attorney could explain your rights under the workers’ compensation system and may help you properly file a claim. In addition, a lawyer might help guide you through the complicated workers’ compensation process.