Frequently Asked Questions
What should I do after I get hurt on the job?
- Report your injury to your supervisor and explain how you were hurt. If possible, put something in writing such as by text or email.
- Go to the doctor immediately but be sure to ask your employer where you should go for medical treatment.
- Tell the doctor about all the body parts that you believe may have been injured in the accident.
- Get a work note from the doctor that you see.
What should I NOT do after I get hurt on the job?
- Unless it is an emergency, do not go the doctor before you notify your supervisor and ask where you should go for medical treatment.
- Do not give a recorded statement to the insurance company before you speak with an attorney.
- Do not forget to get a work note from the doctor you see and be sure to take it to your employer to see if it can accommodate your work restrictions if you have them.
How long do I have to report my injury to my employer?
- In North Carolina, you have 30 days from the date of injury to report your claim to your employer. This should be done in writing.
- In South Carolina, you have 90 days from the date of injury to report your claim.
How long do I have to file a workers’ compensation claim?
In both North and South Carolina, you have two years from the date of injury to file your claim with the Industrial Commission (in NC) or Workers’ Compensation Commission (in SC). There are specific forms that an employee or his/her attorney should file to report the claim.:
A copy of the form should be sent to your employer and its workers’ compensation insurance carrier. You can find out if your employer has workers’ compensation coverage by checking the websites for the North Carolina Industrial Commission or South Carolina Workers’ Compensation Commission.
If I had a pre-existing condition to the same body part I injured on the job, can I still receive workers’ compensation?
Yes. You must show that the accident at work materially aggravated your pre-existing condition. The doctor or medical provider must offer an expert opinion that your injury aggravated your pre-existing condition.
Do all employers have to have workers’ compensation insurance?
No. In North Carolina, an employer must have three employees before it is required to carry workers’ compensation insurance. In South Carolina, an employer must have four employees.
You can find out if your employer has workers’ compensation coverage by checking the websites for the North Carolina Industrial Commission or South Carolina Workers’ Compensation Commission.
What do I do if my workers’ compensation case is denied?
First, contact an attorney so that he/she can attempt to understand why your case was denied. An attorney can determine if the denial is incorrect or if there is additional evidence that needs to be gathered to combat the denial. Insurance companies regularly deny cases that should not be denied.
If there is sufficient grounds to fight the denial, you or an attorney can file a hearing request with the Industrial Commission (NC) or Workers’ Compensation Commission (SC) and present evidence so that a “judge” (in North Carolina this is called a deputy commissioner and in South Carolina this is called a commissioner) can determine if the denial was incorrect.
When is the best time to contact an attorney about my work-related injury?
Anytime, but usually the sooner the better. It does not cost anything to speak with The Law Offices of Bradley H. Smith and we can provide a free case evaluation and determine if we can help or not. Sometimes we determine that it is too early to get involved in your case, but we will still provide guidance and explain the workers’ compensation system to you.
Do I need an attorney for my workers’ compensation claim?
It depends. There are varying degrees of complexity with every case. The simpler the case, the less likely you are to need an attorney.
To be safe, it is the best practice to speak with an attorney as soon as possible. It does not cost anything to speak with The Law Offices of Bradley H. Smith and we can provide a free case evaluation and determine if we can help or not. Sometimes we determine that it is too early to get involved in your case, but we will still provide guidance and explain the workers’ compensation system to you.
Can I sue my employer for negligence for causing my workplace injury?
No. The law in North and South Carolina explicitly states that your only remedy against your employer is workers’ compensation, not a civil lawsuit based on negligence.
Can I receive compensation for pain and suffering for my work-related injury?
No. Workers’ compensation does not provide any compensation for pain and suffering.
What happens if someone other than my employer or co-worker caused my injury on the job?
If someone other than your employer or co-worker causes your accident, you may have the ability to sue the at-fault party for negligence in a civil lawsuit. This is called a third-party cause of action.
A common example of this situation is when you are involved in a motor vehicle accident while working for your employer, and the accident is caused by an at-fault driver. In this instance, you will have a third-party claim against the at-fault driver and a workers’ compensation claim with your employer’s workers’ compensation insurance.
How much does it cost to hire an attorney for my workers’ compensation case?
When you call The Law Offices of Bradley H. Smith, there is no upfront cost for the initial consultation and case evaluation. We only collect a fee if we win or settle your workers’ compensation case.
This is known as a contingency fee and means that if we do not win or settle your case, you owe nothing. If we win or settle your case in North Carolina, the contingency fee is 25% and in South Carolina it is 33% of the total settlement or award.
How is my weekly disability benefit calculated?
Generally, in North Carolina your weekly rate of disability pay (called your compensation rate) is based on two-thirds of the pre-taxed average weekly wage with the employer of injury for the year before your accident.
In South Carolina, the calculation is typically based on your pre-taxed average weekly wage for the year before the quarter in which your accident occurred. For example, if your accident occurred on July 15, 2024, the one-year period in the calculations would run from July 1, 2023 through June 30, 2024. Additionally, if you were working two different jobs at the time of your accident (known as concurrent employment), you can combine the pre-injury wages in the calculation. Unfortunately, you cannot do this in North Carolina.
There are other methods for calculating your compensation rate that may apply depending on if you worked for only a short period of time with the employer before your injury or some other unique situation.
What can I do if I do not like the doctor that the insurance company or my employer sends me to?
In North Carolina, you have a statutory right to request a second opinion on your permanent partial impairment rating or if you would like a second opinion on your treatment options.
In South Carolina, although not expressly provided for in the law, second opinions are regularly agreed to by the workers’ compensation carrier or ordered by the Commission if the employee requests one.
What should I do if my employer will not report my workplace injury to the insurance company?
Call an attorney immediately. Although an employer has an obligation to report any workplace injury to its insurance company, there are times when an employer does not do what it is supposed to.
If an attorney is unable to assist you, you can file the claim with the Industrial Commission in North Carolina and Workers’ Compensation Commission in South Carolina. You should send a copy to your employer and its workers’ compensation insurance carrier.
You can find out if your employer has workers’ compensation coverage by checking the websites for the North Carolina Industrial Commission or South Carolina Workers’ Compensation Commission:
Are independent contractors able to receive workers’ compensation benefits?
Generally, in both North and South Carolina independent contractors are not eligible to be covered by workers’ compensation unless they purchase their own workers’ compensation coverage. If you are unsure if you are an independent contractor, you should contact an attorney to ask his/her opinion. There are various criteria that are considered such as who controls the work, how payment is made, who supplies the equipment, terms of the relationship, and nature of the work that may or may not make you an independent contractor in the eyes of the law.
I am an owner-operator truck driver that is considered an independent contractor, can I still receive workers’ compensation benefits?
Yes, you can in North Carolina. Pursuant to N.C. Gen. Stat. § 19.1, North Carolina law requires that workers’ compensation coverage be in place for certain trucking owner-operators. This applies even if the truck driver is considered an independent contractor. Many times the truck driver will have his/her own occupational accident policy and believe or be told by the motor carrier company that workers’ compensation does not apply. If this happens to you, contact The Law Offices of Bradley H. Smith so that we discuss your rights under the law.