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.
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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 or 1 (800) 488-2495. |
