Other Workers’ Compensation Questions I May Have

Why Choose Our Workers' Compensation Firm?

At Ken Wayne & Associates, we can help. We only handle workers' comp cases for plaintiffs. All of our lawyers have more than 20 years of workers' compensation experience. Founding attorney Ken Wayne is even Board Certified by the State Bar of North Carolina as a Workers' Compensation Specialist.

What Is The Purpose Of Workers' Compensation?

The state of North Carolina created workers' compensation as a program to assist workers injured or sickened due to their job. Workers' compensation provides these workers an avenue to recover medical and rehabilitation expenses, wage loss and future income. In the event of the death of the worker, it allows families and dependents a chance to recover compensation for their loss due to loss of support.

For What Sorts Of Injuries Or Illness Can I Recover Compensation?

Any sort of work-related injury, illness or death during the course of employment is compensable. This includes performance of any job-related task during hours of your assignment. This does not include unassigned tasks. It also does not include time spent commuting to work.

May I Recover Additional Damages Outside Of Workers' Compensation For A Work-Related Injury?

Employees may not recover additional damages from their employer outside of the workers' compensation system. However, they can recover additional damages from third parties who are liable for your injuries. For example, a worker can recover from the manufacturer of a defective product in a products liability lawsuit when that product was responsible for your injury.

What Sorts Of Compensation Is Available Under Workers' Compensation Law?

North Carolina allows for workers to recover compensation regarding:

  • Temporary and total disability: This is compensation payable to individuals who for a temporary period of time cannot fulfill their job obligations.
  • Temporary and partial disability: This is compensation for individuals who return to the job but, because of job-related injuries, do not receive the entire amount of wages which they otherwise would be entitled.
  • Permanent and total disability: Due to injuries, the worker cannot return to their job duties at any time in any capacity. The worker is therefore entitled to compensation.
  • Permanent and partial disability: Portions of the employee's wage-earning capability has been permanently lost, and therefore the worker is entitled to compensation.
  • Death benefits: When death occurs due to a job-related injury, the surviving dependents may recover benefits that the employee earned while still alive. These benefits can include burial expenses if the death was job-related. The dependents also are entitled to a portion of the employees wages set out by statute. Death benefits can vary, so it is important to speak to an attorney to understand precisely what amount you may be entitled to receive. There may also be time limitations concerning filing for a claim, so time may be of the essence. attorney.

Those collecting these workers' compensation benefits can recover medical expenses, wage loss and future income. Certain expenses may also be recoverable. This includes reasonable personal expenses related to medical treatment such as mileage, meals and lodging.

What Are The Time Limits For Filing A Workers' Compensation Claim?

Because of the complexity of workers' compensation law, the time limits for filing a claim are often case specific and can vary from claim to claim. It is therefore important to speak to a lawyer experienced in workers' compensation representation who can explain the deadlines to you as pertain to your personal situation.

I've Only Been Employed A Short Period Of Time. Will I Still Be Entitled To Workers' Compensation Benefits?

You are eligible for workers' compensation the very first date of your employment. There is no probationary period before you become eligible for such benefits.

Learn More About Workers' Compensation By Speaking To Us

To have your questions answered regarding workers' compensation, please contact Ken Wayne & Associates, in Charlotte, North Carolina, by calling 704-899-5340 or toll free at 866-457-4690. We provide free consultations.