May 26, 2017
Workers’ compensation cases can be different from personal injury claims in a number of ways, one of most significant of which is there is no issue of “contributory negligence” in workers’ compensation claims. In personal injury cases, contributory negligence will often apply and can act as a complete bar to recovery. Not so in workers’ compensation.
A workers’ compensation claim will be compensable as long as certain criteria are met, including: the injury must have been in the course and scope of the employment, the employer is timely placed on notice of the claim, and there is no issue regarding impairment on the part of the injured employee. Fault on the part of the injured employee is not a consideration in most workers’ compensation claim.
Injured employees are entitled to receive compensation in the following categories:
The above-listed items are not an exclusive list of categories of compensation in a workers’ compensation claim as there are other smaller benefits, such as travel reimbursement, etc. that are not discussed; however pain and suffering and emotional distress are not damages that are covered by the North Carolina Workers’ Compensation Act.
If you think you may need legal help for a workers’ compensation case, call Slaughter Law at 910-763-1109 for a free consultation.