I was injured off the clock, am I entitled to Workers’ Compensation benefits?

In the era of remote work, lots of questions have arisen about what “arising out of and in the course of employment” encompasses. N.C. GEN. STAT 97-2(6) (Current through 2024).

In the course of employment, “refers to the time, place and circumstances of the accidental injury.

Why Can’t I Get Pain and Suffering in a Workers’ Compensation Claim?

You were hurt on the job. It has caused you much more than your physical pain. You may have been traumatized by the incident, face daily inconveniences, and simply cannot live the life you used to do. You are not entitled to damages for these losses. Why?

These damages, known as Pain and Suffering, are not a legal remedy under North Carolina Workers’ Compensation law.

Am I covered by Workers’ Compensation laws when I have an “Unusual” Employment Arrangement?

You and your employer have a very informal setup. Perhaps you never completed any paperwork or training. Perhaps you are undocumented. You have been working for your employer for a while but have never been paid by a company check. You are directly handed cash, venmoed, sometimes paid cash and sometimes by personal check.

My employer says they will help me pay my bills – So Why Should I file a Workers’ Compensation Claim?

You have been hurt on the job. You have a good relationship with your employer, and they say they will take care of you. You love your job. You trust them to honor their word. Why should you hire an attorney? What if you get fired after hiring an attorney? These are among the most commons questions we see daily at SLF, and literally every time, the best thing is to protect you and your family after being hurt.

Why can’t I use my own doctor in a workers’ compensation claim?

You were hurt at work. You may have been rushed to the hospital or gone to see your family doctor. But once workers’ compensation started paying your bills, you may have been surprised to learn that you can no longer select your own doctors. Instead, the insurance company gets to choose them for you! While it all seems rather backwards, you do not get to decide who you receive treatment from in a workers’ compensation claim if the insurance company is paying for your care.

Why Can’t I Get Pain in Suffering in a Workers’ Compensation Claim?

You were hurt on the job. It has caused you much more than your physical pain. You may have been traumatized by the incident, face daily inconveniences, and simply cannot live the life you did before your work injury. You are not entitled to damages for pain and suffering in NC under workers’ compensation laws.

Recorded Statements: Do I Have to Comply?

It is common for an adjuster to ask to take your recorded statement in Workers’ Compensation and Personal Injury claims. This sounds harmless, right? WRONG. You should ALWAYS speak with an attorney prior to providing a recorded statement, as this statement can and will be used against you later if possible!

What is a recorded statement? A recorded statement is a series of questions that an adjuster asks you about the circumstances and events surrounding an injury claim (or any claim for that matter). Your responses are then transcribed and ultimately become an official part of your file surrounding the claim.

Do I owe taxes on my Workers’ Compensation (WC) or Personal Injury (PI) Settlement?

It’s almost tax time! Have you received a Workers’ Compensation settlement or a Personal Injury settlement and wondering if these settlements are taxable income? Some of the answers are straightforward while others are not. Keep in mind, we are not tax lawyers or certified public accountants, so you should always run tax questions by the most qualified individuals, like your accountant.

I am working illegally. Can I file for Workers’ Compensation? Can I get fired?

Were you injured at work, but concerned because you are an undocumented worker? There must be so many questions and concerns going through your mind, and we are fully equipped to handle your concerns and our staff all fully bilingual.

*Can I file for Workers’ Compensation? – Yes.

Can I be fired because I file a Workers’ Compensation claim or because I hire an attorney for my case?

The short answer is NO, not legally. Your employer cannot legally terminate you because you had a work injury or because you hired an attorney. You are entitled to know your legal rights and to file a legitimate claim for a work injury.

However, do not let the above facts confuse you into thinking that your job is protected because you got hurt at work, because that is not the case.