Workers Compensation

If you have suffered an injury at work or on the job, you may be entitled to receive additional benefits through workers compensation. In North Carolina, this may include time lost from work, disability (full or partial), and medical bills.

What to do when workers’ compensation payment is not being made on time or consistently

An all-too-common issue with workers’ comp cases, and a frustrating one for the injured worker, is when a claim has been accepted but the insurance company is not sending a weekly disability check at all or is sending checks sporadically.

The North Carolina Industrial Commission administers the state’s workers’ compensation laws and requires that insurance companies pay compensation payments to injured workers weekly (in some circumstances the Industrial Commission can authorize that payments be made monthly). If you’ve been injured on the job and your claim has been found to be compensable, you are paid 66 2/3% of your average weekly wage, not to exceed $920.00 per week. Compensation benefits are to begin within 14 days of the due date.

If an insurance company is not paying compensation benefits on time, the North Carolina Industrial Commission may penalize the insurance company 10% of the unpaid installment and the late fee goes to the injured worker.

When receiving compensation benefits from a workers’ compensation claim, document when your checks arrive. As soon as you notice that a check is late, make note of it. If you have already obtained an attorney, let your lawyer know. He or she is able to file a motion with the Industrial Commission to have payments be made in a timely manner and to request any penalties for unpaid installments. If you do not yet have an attorney, seeking an experienced workers’ compensation lawyer can help you better understand your rights and help your benefit checks come on time. The sooner you contact an attorney, the faster the issue can be corrected.

Death in the Workplace: Contacting an Electrical Current

Unfortunately workplace fatalities happen all too often. A preliminary total of 4,383 fatal work injuries were recorded in the United States in 2012, according to results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics. The Federal Occupational Safety & Health Administration reports that in America, 13 people are killed on the job every day.

An individual contacting an electrical current is one of the top ten causes of fatal work injuries. Electrocutions can occur in most any job setting – as practically everyone is exposed to electrical energy in the normal course of his or her workday, yet workers may not even be aware of potential electrical hazards and it doesn’t take a large amount of electricity to cause electrocution.

Fatal contact with an electrical current may occur by touching a ladder or scaffold that is in contact with an energized power source; coming in contact with a vehicle that is in contact with an energized power source; or coming in contact with short-circuited, damaged or improperly installed wire or equipment. These are just a few of the ways workers have been killed on the job.

If you have lost a loved one due to an on-the-job workplace fatality —no matter the cause—it is important to seek the counsel of an experienced workers’ compensation lawyer . An attorney who understands North Carolina’s workers’ comp law will help you to navigating your claim and understand your rights.

Death in the workplace: Struck by falling objects

Deadliest On-the-Job Accidents

In 2012, 12% of fatal work injuries were caused by an individual being struck by an object or piece of equipment, reports the Census of Fatal Occupational Injuries (CFOI), part of the BLS Occupational Safety and Health Statistics (OSHS) program.

Concrete blocks, steel beams, trees, machinery and vehicles are some of the objects that may strike and kill workers. Objects can be falling, flying or moving. An object can fall off a shelf, something can be projected from a piece of machinery, an individual can be struck by falling masonry or hit by a crane boom. There are many possible scenarios and unfortunately actual situations where being struck by a falling object has resulted in a workplace fatality.

It is possible that these types of fatal accidents may occur in any industry or sector, but those that rank particularly high are construction; transportation and warehousing; and agriculture, forestry, fishing and hunting. No matter the type of work an individual performed, if an employee is killed while on the job, there may be a compensable workers’ compensation case .

Contacting a knowledgeable workers’ comp attorney, as soon as possible, is in you and your family’s best interest if a loved one has been killed on the job. An experienced lawyer understands North Carolina’s workers’ comp law and will help you do the same while navigating your claim for a favorable outcome.

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Latest Verdicts and Settlements

Crabtree v. The State of NC 2004

Recovery: $1,750,000.00

A State Department of Transportation Dump Truck, pulling a large trailer carrying a steam roller, lost control on a mountain road, crossed the center-line and struck Kelly Crabtree’s van head-on...

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Wes Barger, North Carolina

"Thank you John, and all the staff at The Law Offices of John M. McCabe, P.A., for all your help over the years since my accident and for your friendship! I am truly grateful!"

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At The Law Offices of John M. McCabe, P.A., we have extensive experience in representing injured workers. We will work hard to protect you from the insurance company's tricks and traps.