Workers Compensation Lawyer in Wilmington NC


Understanding Worker's Comp Laws in NC

In the State of North Carolina, Worker's Compensation regulations require every employer to meet the obligations listed under The North Carolina Workers' Compensation Act (1929 c. 120, s. 1; 1979, c. 714, s. 1.). Failure to comply with these laws could result in fines and possible incarceration for the owner of the negligent business.

If you were injured while on the job and your employer is denying your worker's comp claim, then you should contact the law firm of Bain and Rodzik. We have more than 50 years of experience fighting for the rights of North Carolina's injured workers and we can help you get the compensation you're owed.

All Employers in NC Must Carry Worker's Comp Insurance

It is a state law that all employers in North Carolina must carry worker's compensation insurance through an independent insurance provider. If an employer wishes to be self-insured, then they need to meet certain requirements, which include:

  • The employer must have greater than $500,000 in total fixed assets
  • The employer must provide evidence of work safety standards as outlined by the North Carolina Department of Labor
  • The employer must file an application for certification as a self-insured entity with the North Carolina Self-Insurance Security Association

What are the Employee's Responsibilities in Worker's Comp Situations?

The employee must notify the employer about the workplace injury as soon as possible. Failure to do so could result in the employee being responsible for all medical expenses prior to the notice. Ideally, the injured employee should notify the employer and then seek medical treatment (if it is not a life threatening injury). If the injured employee visits the hospital or medical treatment center, then the treatment facility will file the worker's compensation claim. If an employer tries to convince an employee not to file their claim, they can face legal prosecution.

Who is Responsible for Worker's Comp Medical Expenses in North Carolina?

The employer is responsible for covering the costs of all applicable medical treatments required by the employee in order to recover from their workplace injuries or illnesses. The employer has a right to request what physician is used to treat the employee, but their selection needs to be approved by the North Carolina Industrial Commission before treatment begins. If the employer refuses to pay for medical treatments at any time during an active worker's compensation case, they can be charged with a crime and face possible time in jail.

Can an Employer Be Relieved of Worker's Comp Responsibilities in NC?

No. All employers in the state must carry worker's comp insurance and cover all medical costs of said cases. The only time an employer is not deemed responsible for paying medical costs is when the injured employee refuses medical attention after being injured on the job. Once the employee refuses to be treated, any medical costs relating to their injury or illness become their responsibility.

Contact a Worker's Comp Attorney in North Carolina Today

Worker's compensation was originally put in place to protect employers but over the years, employers have come to look at worker's comp cases as negative entities. Even though they are required to have a worker's comp insurance policy, many employers simply don't want their employees filing these types of cases and they will often try to postpone or disrupt such claims from being filed or they will delay in paying an injured employee's medical costs.

If you find yourself in this unfortunate position, then you need to contact a worker's compensation attorney in Wilmington NC who is experienced in dealing with worker's compensation issues immediately. The legal team of Bain and Rodzik is considered among the top worker's compensation lawyers in Wilmington NC and we won't rest until you get the compensation you deserve.

Contact Bain and Rodzik today at (910)-762-1199 to schedule a free initial consultation. There is absolutely no obligation in calling us and you pay absolutely nothing unless we win your case.