Ewing Carter III, P.A.

Attorney 

Workers Compensation

Attorney Ewing Carter III can advise you about your rights and

advocate for what you are entitled to under the North Carolina

workers' compensation laws. As defined under the North Carolina

Workers' Compensation Act, an injury is covered under workers'

compensation if it was caused by an accident or incident which arose

out of and in the course of your employment. An accident is defined

under the law as a separate event preceding and causing the injury.

Unless there is an accident, an injury received while performing the

regular duties in the usual and customary manner is not

compensable. 




                                              Back injuries and Hernias

There are two exceptions to the "by accident" requirements of the

law. These are: 1) back injuries and (2) hernias. If either of these

injuries are caused by a "specific traumatic incident" of the work

assigned they are compensable in the absence of an accident

preceding the injury.

 

                                              Occupational Diseases

Certain diseases termed "occupational diseases" are compensable under the

North Carolina Workers' Compensation Act. An occupational disease is any

disease which is proven to be a result of causes and conditions which are

characteristic of a particular occupation or employment, and the exposure is

greater than that of the general public outside of the employment. Diseases of

this nature are generally caused by a series of events of similar nature,

occurring regularly or at frequent intervals over a period of time in the

employment. Only those occupational diseases specifically designated in the

North Carolina Workers' Compensation Act are compensable. All ordinary

diseases of life to which the general public is equally exposed are excluded. 



                                                Notice Requirement

Responsibility for claiming compensation is on the injured employee. You must

immediately give notice of the accident to the employer or as soon as possible

after the accident occurs; generally within 30 days, or the employer may refuse

compensation. With reference to occupational diseases, an employee must give

notice to the employer when the employee is first informed by a competent

medical authority of the nature and work-related cause of the illness. A claim

must be filed with the North Carolina Industrial Commission (NCIC) by either the

employee or the employer within two years from the date or knowledge thereof;

otherwise the claim is barred by law.

The Law Office of Ewing Carter III, P.A. will represent your interests diligently

under the law. We will assist and counsel you through all the steps such as

filing the proper paperwork, getting proper medical treatment, and proceeding

through mediation and Hearings before the Industrial Commission, if necessary.


Contact the Law Office of Ewing Carter III today for a free
consultation at (336) 883-2247
1004 N. Main Street
Suite 102
High Point, NC 27262

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