In most cases, you are eligible for Workers' Compensation even if the accident that caused you injuries was your fault. A Workers' Compensation claim is not a lawsuit, and you do not have to prove fault on the part of your employer, or prove that you were not at fault, in order to receive benefits.

Exceptions

There are a couple of circumstances that can give your employers' insurance company the right to deny your claim:

  • If you caused your injuries on purpose
  • If you were intoxicated at the time of the accident

If your employer or supervisor provided the alcohol or drugs, then even intoxication is not grounds for denial.

Your Benefits May be Reduced or Increased by 10%

Even if you fail to do your work in a safe manner or break safety laws or rules, you are still eligible for Workers' Compensation in North Carolina. Your benefits may be reduced by 10%, if the problem was brought to your attention before you were injured.

If your employer was knowingly breaking laws or regulations and that caused your injury, your benefits may be increased by 10%.

Workers' Compensation laws were created to insure that workers are taken care of when they are injured. It provides for your medical bills and a portion of your lost income. It also protects employers from lawsuits. Workers' Compensation does not pay as much as you might win in a personal injury lawsuit, but it is much easier to get your benefits and it puts money in your pocket faster than suing.

If you have been injured on the job, please contact the experienced Workers' Compensation attorneys of White & Stradley, LLP to schedule your initial Workers' Compensation law appointment and find out if you are eligible for benefits today.

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