All North Carolina employers are liable for maintaining a hazard-free and safe workspace. Injuries at the workplace are dealt with differently from other kinds of injuries in the tort law system. This is because the tort law system that includes personal injury is often based on recklessness or negligence.
For you to recover costs related to your injuries, you will need to prove that they were caused by unintentional or intentional action by an entity or individual who owes them the duty of the case.
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Causes of a Workplace Injury
The US Bureau of Labor Statistics shows that there were over three million non-fatal workplace illnesses and injuries last year. Although the variety of workplace accidents may result in injuries, most of them result from motor vehicle accidents, repetitive motions, and slip-and-fall injury at work in Greensboro NC.
Especially falls from heights affect construction employees. Most construction employees do tasks on ladders and scaffolding – something that may result in falls because of negligence. Recklessness or negligence in these cases may include defective equipment and work conditions.
Who Must Have Workers’ Comp?
Every business owner needs to follow North Carolina’s law. The NCWCA (North Carolina Workers’ Compensation Act) says that every business with at least three workers should have workers’ comp insurance. This includes the following:
- Partnerships
- LLCs (Limited Liability Companies)
- Sole proprietorships
- Corporations
Plus, note that the state’s Industrial Commission might use various factors in order to determine whether independent contractors are workers. This often includes how much of the say an employer has in what contractors do.
You may as well be accountable for injuries if you opt to subcontract tasks. For instance, suppose subcontractors don’t have workers’ comp coverage. If their employees get sick or hurt, you will be liable for all their medical expenses. This term as well includes seasonal workers, unlawfully employed individuals, part-time workers, and temporary employees.
Statute of Limitations
You should give your employer a written notice within one month or immediately following your accident. Even when your boss is already aware that the accident happened, you will still need to fill out a report to ensure there is documentation. If your excuse for not giving a written notice within 30 days is reasonable, this requirement might be waived.
Your claim should be filed with the state’s Industrial Commission with a filing of Industrial Commission Form 18. And if you fail to fill out the form, your claim will be barred forever unless your boss intentionally took steps to mislead you.
What to do Following a Workplace Injury
Illnesses or injuries may occur in a workplace for various reasons and might be related to factors like job duties or work environment. Following your accident, it is best to note down the details of the scene, in addition to reporting the incident to your employer within 30 days. If the injuries are severe, go to the hospital before you contact an attorney.
The Takeaway!
Unfortunately, most injured employees give up their rights because they don’t understand the magnitude of their injuries. This is why it is best to consult a professional lawyer when you are involved in a workers’ injury case. Your attorney knows what to do and will guide you every step of the way.
