What to Do If You Get Hurt on the Job in NC

Getting hurt at work can be traumatic and stressful. Sometimes, it’s made worse by the realization that it might have been due to your own mistake. The flurry of questions that follow can be overwhelming: “Will I receive any compensation?” “How will I pay my medical bills?” “What if I’m too hurt to return to work?”

Fortunately, North Carolina has workers’ compensation laws that offer a safety net even when a work injury might result from something you did wrong. Here’s what you need to know about claiming North Carolina workers’ compensation benefits for a work injury.

Workers’ Comp Basics and Eligibility

Workers’ compensation is a no-fault system. In most cases, employees can receive benefits even if they were partly or wholly responsible for their injuries. The system aims to ensure swift financial assistance to injured workers without lengthy legal battles over liability.

To be eligible for workers’ compensation in North Carolina:

• You Must Be an Employee. Not all workers are eligible. Typically, you must be an employee of a company that carries workers’ comp insurance or is legally required to do so. However, some employers mislabel workers as “independent contractors” when they are actually employees. In those cases, the system looks at the worker’s actual relationship to the employer rather than the label.
• Your Injury Must Be Work-Related. The injury or illness must be a direct result of performing your job duties or other tasks within the scope of your employment.
• You Must Report the Injury to Your Employer Promptly. In North Carolina, injured workers must report work injuries to their employers within 30 days.

Contributory Negligence and Workers’ Compensation Benefits

North Carolina follows a pure contributory negligence doctrine, which is critical in many personal injury claims. If the courts find that a person contributed even slightly to their own injury, judges can bar them from receiving any compensation. It is a harsh standard, as any minor fault on the part of the injured person could negate an otherwise valid claim.

When it comes to workers’ compensation, the legal landscape is different. Workers’ compensation operates as a no-fault system. That means even if an employee’s negligence contributes to their injury, they are usually still eligible for benefits. The rationale is based on prioritizing the worker’s health and rehabilitation over assigning blame.

When Your Actions May Limit Benefits

Even though negligence rarely plays a role in North Carolina workers’ compensation claims, there are some instances when your actions could limit or eliminate your right to benefits:

• Intoxication – No compensation is available if you get hurt as a direct result of intoxication unless your employer or supervisor provided the alcohol or another intoxicating agent. Similarly, you’re ineligible for benefits if you are under the influence of a non-prescription controlled substance.
• Intentional Harm – If you intentionally aim to harm yourself or another person, you forfeit your right to claim workers’ compensation benefits.
• Willful Neglect or Disobedience – As an employee, you have a duty to follow safety rules and regulations. If you get hurt because of a deliberate failure to use safety equipment or obey a rule, your compensation can decrease by 10 percent. Conversely, if your employer is at fault for willfully breaking safety rules, your available compensation can increase by 10 percent.

Talk to Our Experienced Greensboro Workers’ Compensation Attorneys Today

Handling a workers’ compensation claim is challenging, especially when dealing with a painful recovery. But you don’t have to do it alone. Contact the experienced NC workers’ compensation lawyers at Ward Black Law for a free case review to learn how we can make a difference.