Workers’ compensation claims can be overwhelming and confusing, especially when misinformation spreads. Test your knowledge with these common true/false questions, and if you’re unsure about your rights, call our office for a free consultation.
Workers’ Compensation Benefits & Your Finances
You must pay taxes on your workers’ compensation benefits.
- FALSE. Workers’ compensation benefits are not taxed. This includes your weekly wage replacement checks as well as any settlement you may receive.
Attorneys can charge whatever they want to help me with my workers’ compensation claim.
- FALSE. In North Carolina, attorneys cannot charge more than 25% of your settlement or benefits (33.33% in South Carolina). Workers’ compensation attorneys work on a contingency basis, meaning you don’t pay unless we win your case.
Who Qualifies for Workers’ Compensation?
You are eligible for workers’ compensation benefits if you are an undocumented worker and have a covered injury.
- TRUE. Undocumented workers are covered under North Carolina’s Workers’ Compensation Act just like documented workers. Your employer may terminate you if they discover you are undocumented, but insurance companies cannot deny your claim based on your immigration status alone. If your employer is misleading you about your rights, call us immediately for accurate legal guidance.
All injuries on the job are covered by workers’ compensation.
- FALSE. Workers’ compensation only covers injuries that occur “by accident”, specific traumatic incidents (such as back injuries), or qualifying occupational diseases. It may sound simple, but in reality, it’s much more complicated. Speaking with an attorney can help clarify whether your injury is covered.
Navigating Medical Care & Insurance Challenges
You should not worry about filing a claim for your work injury if your employer tells you they will pay for your medical care directly.
- FALSE. This is a big mistake. If your employer is handling your medical expenses without involving the workers’ compensation insurance company, it could mean they are trying to avoid reporting your claim. Without a properly filed claim, you may lose out on medical benefits, wage replacement, and future settlements. Always report your injury properly and consult an attorney to protect yourself.
The insurance company has the right to direct my medical care if my workers’ compensation claim is accepted.
- TRUE. In an accepted workers’ compensation claim, the insurance company chooses your physician and directs your care. However, in some situations, you may be able to seek a second opinion from a doctor of your choice. An attorney can help navigate these options.
Workers’ Compensation vs. Personal Injury Claims
You are due pain and suffering in workers’ compensation claims.
- FALSE. Workers’ compensation does not provide compensation for pain and suffering. It only covers: Lost wages, Medical expenses, Future medical care (if applicable)
NOTE - If your injury resulted from someone else’s negligence, you may have a separate personal injury claim that could allow for pain and suffering damages. An attorney can help determine if you have either a workers' comp or personal injury case.
How Did You Do?
If you were surprised by some of these answers, you’re not alone. Workers’ compensation laws are complex, and every case is unique. The best way to protect your rights is to speak with an experienced attorney, and we would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. Navigating a Workers’ Compensation claim can be tricky, and we can help look into the details of your claim to ensure you are protected.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.