What Should I Do If I Am Injured On The Job?
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North Carolina Law provides a system for compensation to injured workers, which is intended to replace lost wages and provide medical care for the injured worker. Important rights can be lost however if the proper procedures are not followed.
North Carolina Law requires an injured employee to report an on the job injury in 30 days orally and in writing. In addition to a written notification to the employer the employee should give written notification to the North Carolina Industrial Commission on its form 18. (North Carolina Industrial Commission, Dobbs Building, 430 North Salisbury Street, Raleigh, North Carolina 27611)
The injured worker should be examined immediately by a physician. The law gives the employer the right to choose the doctor for examination and treatment. If the employer does not provide a doctor, the employee can go to a doctor of his or her choice.
Be sure to explain to the doctor full details of how you were injured on the job. The doctor’s records need to clearly indicate that you are being treated for an on the job injury.
It is extremely important for the injured worker to keep copies of “out-of-work” notes given by the doctor. The original should be given to the employer, and the employee’s copy should be kept by the employee should it be necessary to prove the inability to work for the covered period of time.
You should keep your employer informed concerning the status of your medical condition and when you may return to work.
If your doctor returns you to work with restrictions on the type of work you are able to do be sure to get from the doctor a written list of those restrictions. The original list should be given to the employer, and you should keep a copy of those restrictions with your important papers. Another copy of those restrictions should be kept with you while working. If your employer ask you to do work that is outside of your physical restrictions imposed by your doctor you should explain to your employer that the doctor will not allow you to work outside your restrictions. Since you will have a copy of those restrictions with you, you can show them to your immediate supervisor as proof that you can not do the work they have ask you to do.
Be sure that you doctor files a claim for medical services on the appropriate forms, and sends those forms to the workers’ compensation insurance carrier. The Industrial Commission will determine whether payment for those services are approved, and will set a fee for those services. The approved fee may be less than the bill. If so, your doctor may not charge you a fee greater than that set by the Industrial Commission. All medical bills must be approved by the Industrial Commission. If your doctor sends you a bill directly forward that bill to your employer to be forwarded to the workers’ compensation insurance carrier.
Keep track of your mileage traveled for health care, so that you may be reimbursed at the rate of $0.505 per mile. Keep copies of your prescribed medications and bills, and forward these to your workers’ compensation insurance carrier.