Workers Compensation in NC

What Qualifies?


Workers’ Compensation Claims in North Carolina

If you were injured on or because of your job, you may be dealing with mounting medical bills, looming rehabilitation therapy and lost wages. Navigating the process of pursuing a workers’ compensation claim while trying to focus on your recovery can be an unnecessarily difficult task. The attorneys at Plumides, Romano & Johnson, PC have a wide breadth of experienced dealing with insurance companies, the North Carolina Industrial Commission, and employers so that you don’t have to. Contact us to receive a free consultation about your potential claim today.

Contact us to receive a free consultation about your potential claim today.


Am I an “employee”?

For purposes of the Workers’ Comp Act, the definition of employee includes every full and part-time worker who is appointed or contracted to do a task (with or without a written contract), apprentices, subcontracted workers, non-residents and minors. It even includes workers who are not lawfully employed. Excluded from this relatively broad definition are people whose employment is “casual” and not in the course of the employer’s business, trade, occupation or profession.


What if I have a back injury that wasn’t from an accident on the job?

Because back injuries frequently occur simply in the normal course of some employees’ work, there is an exception to #2 above for back injuries. It is enough that the back injury arose out of a specific incident on the job. Of course, back injuries that occur from accidents such as load handling accidents, falls, and machine accidents are covered too.

Contact us to receive a free consultation about your potential claim today.


What if my employer waived workers’ comp coverage in my employment contract?

This is not enforceable. Workers’ compensation cannot be waived by a written agreement. It is mandatory that your employer pay it as long as the four conditions listed above are met.

I’m afraid I might get fired or demoted if I file a workers’ comp claim.

It is prohibited by law for employers to do this. North Carolina has specific laws to protect injured employees from being retaliated against by their employers for filing a workers’ comp claim. If you physically cannot perform your job anymore after your injury, your employer may be able to fire you depending on the situation, but if you are able to work and feel that you were fired in retaliation, you may have a claim against your former employer under the North Carolina Retaliatory Discharge Act.

There are multiple points in the process at which you may find yourself wondering if you need a workers’ comp attorney (this area is also referred to as “workman’s comp” or “workmen’s comp”). Maybe you were just injured and need someone to help you determine your options. Perhaps you’re worried about getting the disability payments or medical treatment you need and deserve; are being pressured to accept a settlement; or don’t know if you have any options to dispute the injury rating (i.e., “10 percent disabled”) you receive from your workers’ comp doctor. While it is always advisable to seek the assistance of an experienced workers’ comp attorney as soon as possible in the process, regardless of where you are on the timeline you should consult with an attorney to know your options and have someone fight for your rights and livelihood.