If your doctor’s appointment is more than 10 miles one way (20 miles roundtrip) from your home, then you are entitled to mileage reimbursement at a set rate. If you do not have transportation, the insurance company must arrange for a car to transport you to and from your doctors’ visits.
If your claim has been accepted as compensable by the workers’ compensation insurance company, the insurance company has the right to direct your medical care, which includes choosing your physician. However, there is a statutory provision which allows you to seek an independent medical evaluation either by agreement with the insurance company or by motion at the North Carolina Industrial Commission.
Can My Employer Terminate Me When I File A Workers’ Compensation Claim Or While I Am Out Of Work Due To My Work-Related Injury?
North Carolina is an employment-at-will state. Your employer does not need “grounds” to terminate you. Therefore, your employer can terminate you while you are out of work for a work-related injury, or after you have an injury at any point. It is illegal for you to be terminated because you file a workers’ compensation claim, but proving this is the reason for termination is not an easy task.
File a written report of injury, ideally a Form 18, with the NCIC within 30 days of your injury or accident. There are some limited circumstances under which the NCIC can excuse late filing. Note that different rules apply with occupational disease claims rather than injury by accidents.
My Employer Wants To Pay For My Medical Care And Lost Wages Instead Of Reporting It To The Insurance Company, Is That Appropriate?
Caution, this is not a good idea, because workers’ compensation laws cover your medical care and lost wages and possibly additional benefits by way of a settlement at the end of your case. It is always best to have your claim reported to the insurance company so that you are protected.
The best way to determine the answer to this question is to speak with a Workers’ Compensation Specialist. Generally speaking, if your employer has three or more employees, you may be eligible for workers’ compensation benefits. You may be covered regardless of your immigration status.
Your initial consultation is free. Workers’ compensation cases are handled on “contingency fee” basis. This means that your attorney will take his or her fee as a percentage of your settlement. The law in North Carolina generally restricts an attorney from charging more than 25% of your settlement or award.
Choosing a North Carolina State Bar Board Certified Workers’ Compensation attorney is the only way to ensure you have a true expert or “specialist” in the field of Workers’ Compensation. All attorneys who handle workers’ compensation cases are not specialists.
Injured workers often feel that they do not need an attorney if their medical bills and weekly checks are being paid by the workers’ compensation insurance company or their employer. However, in a compensable workers’ compensation case, the insurance company is obligated to meet these basic requirements and is not doing you a personal favor.
There is a settlement at the end of most cases. The amount depends on a variety of factors which include your wages and the extent of your injury. Of course, it is imperative that you consult an attorney prior to settlement, as you may be paid too little on your case without proper representation.