North Carolina Lawyers Blog

Employees are sometimes seriously injured on the job. Workers’ compensation exists to provide financial compensation for their injuries and related expenses. Virtually all employers are legally required, on both the federal and state levels, to carry workers’ compensation insurance. The practical result is that all workers are covered by workers’ compensation.

Injuries incurred in a workplace accident, such as falling or getting a body part caught in machinery, are covered by workers’ compensation. Injuries sustained in the course of carrying out normal day-to-day work activities are also covered. A common example is carpal tunnel syndrome. The overarching standard for determining whether a given injury is covered by workers’ compensation is whether the injury occurred within the course and scope of a work-related activity.

Workers’ compensations laws vary from state to state, but general categories of medical expenses are covered in the majority of the states. Medical care covers a wide variety of expenses, such as surgery, hospital bills, prescription medication, physical therapy, nursing care and special medical equipment, such as hearing aids and crutches. The injured worker will continue to receive compensation for medical care for as long as it is reasonable and necessary to treat the injury.

Workers’ compensation benefits employees and employers alike. It simplifies the compensation process for both parties. Also, workers’ compensation eliminates the need for litigation, saving them both from expensive and protracted court battles.

Workers’ compensation benefits are not granted by a court. Rather, an administrative agency decides whether the worker should receive the benefits requested. An attorney can be very helpful during this process by ensuring that proper medical documentation is included in your workers’ compensation file. Attorneys can also see to it that all relevant evidence is presented during the administrative hearing.

Note that you must hold the status of employee in order to be covered by workers’ compensation. Those who work for a given employer as an independent contractor are not eligible for workers’ compensation benefits. The employee/independent contractor distinction is a frequently contested issued.

Whenever possible, employers prefer to consider a worker an independent contractor because it saves them money on taxes and insurance premiums. In some cases, the injured person justly, and legally, deserves the status of employee. An attorney can challenge the employer’s classification of the worker. If successful, the worker can then seek workers’ compensation benefits.