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Getting injured in the workplace could be a disheartening and overwhelming experience. Aside from the physical pain, you could also experience emotional trauma from feeling helpless and unable to do your work. The complexities of filing a workers’ compensation claim could further add to the distress you are already feeling. To help you start the claim process, here is a quick guide on filing your Form 18. What is a Form 18? The Form 18 is a legal claim form notifying the North Carolina Industrial Commission of your workplace injury. It requires you to provide complete and accurate details regarding your condition and how it happened. You must submit the filled-out form to your employer and to the Industrial Commission. Form 18 has two other variations used in different cases. You can use Form 18B for claims relating to lung disease and Form 18M for requesting additional medical compensation. These forms will be the basis for the succeeding steps of your workplace compensation claim. What information is needed? In Form 18, you must provide details about yourself, your employer and your injury. Below are the key details needed to fill out the form. Employee information: This includes personal information such as your full name, address, contact number, email address, sex, date of birth and social security number. Employer information: This refers to your employer’s name, address and contact number. You must also provide your employer’s insurance provider, policy number, the provider’s address and contact number. If you do not know the details of your employer’s insurance, you can ask your employer, contact the Industrial Commission’s Claims Administration Section or simply leave it blank. Injury details: This includes the date and time of injury, where and how it happened, and the specific body part involved in your injury. You should also provide details in the form of the medical treatment you received. Work conditions: You must also provide details on the nature of your work, your weekly wage, the hours and days worked per week and the number of days you were out from work because of your injury. Signature: As this is a legal form, you must provide your signature and the date you completed the form. A representative could sign on your behalf if you injured your hand and cannot sign the form. Form 18 is essential for initiating your workers’ compensation claim. You can prevent further complications to the process by providing accurate and complete information as early as you can, or within 30 days. The guidance of an experienced workers’ compensation lawyer could increase the chance of successfully claiming your compensation.

Let’s say you’re an employee for a company that makes you travel to other states as part of your responsibilities. While on one such business trip, you suffered an injury while performing your duties. If you’ve suffered a work-related injury outside of North Carolina, can you still file a workers’ comp claim? Compensation for out-of-state work injuries possible Under North Carolina law, if an employee sustains a work-related injury outside of their home state that would normally qualify for compensation in North Carolina, they or their dependents are still entitled to compensation. Certain conditions must apply before compensation Although the law allows workers to file claims for a work-related injury from outside North Carolina, there are restrictions. For a claim to qualify, the following conditions must apply: The employee’s employment contract was made in North Carolina The employer’s main place of business is in North Carolina The employee’s main place of work is in North Carolina Thus, an employer or their employee must be doing business in North Carolina for a worker to be able to claim compensation under the state’s workers’ comp rules. What happens if you’ve already received compensation from another state? There may be situations where despite suffering a work-related injury from outside North Carolina, you might receive workers’ comp benefits from your employer under another state’s system. While North Carolina doesn’t prohibit workers from receiving benefits from both your employer’s local insurer and their other insurer in another state, there’s a restriction on the amount you can claim. If you’ve received compensation or damages under another state’s laws, the total compensation can’t exceed North Carolina’s limits for the same injury. So, yes – you can file a workers’ comp claim for a work-related injury outside of North Carolina. But your employer may argue that it’s not liable for your injuries and deny your claim. If this happens, you can appeal the denial by filing a request with the North Carolina Industrial Commission. A legal professional with workers’ compensation experience may be able to guide you through this appeal process and fight for your right to compensation.

If you get injured in a work-related accident, you may be entitled to receive compensation under your employer’s workers’ compensation insurance. Workers’ comp can cover for your medical expenses, the costs for rehabilitation and even the wages you’ve lost due to your injury. By North Carolina law, employers or their insurers must pay employees compensation within 14 days of notice of the injury. But what happens if they fail to make this payment? What can you do as an injured employee if your employer or their insurer can’t pay in time? Penalties for the employer or insurer Per state law, if your employer or their insurer is unable to pay an installment of compensation within 14 days after it becomes due, they’re required to add an additional 10% of the amount they owe you. Your employer or insurer must pay this added compensation together with the installment once it’s available. However, the North Carolina Industrial Commission reserves the right to excuse an employer from being unable to hand out benefits if they can prove that circumstances out of their control prevented them from making payments. Employers must quickly assess workers’ claims Employers must also clearly communicate whether they approve or deny a worker’s claim within those 14 days. They must inform both the state Commission and the employee, explaining the reasons for the denial and informing the worker that they have a right to a hearing to appeal the rejection. Uncertainties over liability, claim compensability An employer might be unsure about whether it has liability for a worker’s claim, or whether the claim itself is compensable. Regardless of the case, state law allows employers to make compensation payments without prejudice or admitting liability. They can continue to make payments until they contest or accept liability or issue a notice of the injury. These uncertainties shouldn’t prevent your employer from providing you with payment. If your employer continues to hold back on compensation payments for no good reason, you might want to consider filing a claim with the North Carolina Industrial Commission. This might lead to a hearing, where you’ll confront your employer or their insurer over their non-payment. A legal professional may be able to guide you through this complicated process and advise you of your rights to compensation.

During North Carolina’s hot summers, swimming pools offer a refreshing escape, yet they can be sites of danger. Common incidents include slip-and-falls or entrapment from faulty pool drains. When accidents like these happen, it’s key for people to know their legal rights under North Carolina law. Asserting rights According to state law, individuals have the right to seek compensation if they’re injured due to a pool owner’s negligence. For instance, the owner may have failed to repair a broken ladder, causing a visitor to fall and sustain injuries. Or, the owner did not address a known issue with a pool drain, leading to a swimmer’s entrapment. In such cases, the injured party can claim compensable financial losses. These losses can include medical expenses for treating injuries and wages lost from having to take time off work. Facing the challenges Asserting these rights can be tricky. North Carolina has a strict rule called ‘contributory negligence.’ This means that if the injured party contributed in any way to the accident, they cannot get compensation at all. If a visitor ignores a clear warning sign about shallow water and gets hurt because they dive into it, they might not receive compensation. However, compensation is still possible if the injured party meets specific requirements for a premises liability case. The injured party must demonstrate that the pool owner failed to maintain a safe pool area or did not warn about potential hazards, like a broken ladder or a dangerous pool drain. In these cases, strong evidence is needed to show the owner was indeed negligent. Proving the pool owner’s liability Establishing such negligence requires solid evidence – photos of the hazardous condition, witness testimonies, maintenance records as well as security footage or safety inspection reports. For those thinking about filing a claim, consider consulting with an attorney experienced in premises liability. The legal process can be complex. But with professional help, those injured can effectively gather and present their evidence to support their case.

Industries that utilize heavy machinery can have some of the most dangerous workplaces. These machines are designed to lift, cut, smash and process raw materials, and if they’re strong enough to manipulate the toughest substances, they can also easily injure the fragile human body. One serious workplace hazard involving heavy machinery is machine entanglement. It’s important for workers to understand this risk, the types of injuries that can occur and how workers’ compensation can help them if they get injuries. What is machine entanglement? Machine entanglement is when a person’s body part, clothing, hair or other worn items gets caught within the moveable elements of a machine. Three primary forms of machine movement could cause entanglement. They are: Pinch points: Moving parts of the machine that can pinch down a body part or article of clothing. Crush points: Two or more machine parts that can crush a caught part. Wrap points: A rotating part of a machine that can catch hair or clothing. While most heavy machinery have machine guards and employers have policies such as bans on loose-fitting clothing, there’s no guarantee that these measures can protect workers from harm. Industries with a high risk of machine entanglement include manufacturing, construction, agriculture, and printing. Possible injuries from entanglement Injuries from machine entanglement can range from minor cuts and bruises to more severe outcomes like amputations, fractures, or crushing injuries. Recovery may require extensive medical treatment, rehabilitation, and time off work. Some injuries, however, can be fatal. According to the National Safety Council, entanglement accounted for 143 workplace fatalities in 2021. How workers’ comp helps After an entanglement injury, workers’ comp can cover medical expenses, a portion of lost wages, and compensation for permanent disability. It’s a no-fault system, meaning employees don’t need to prove the employer was at fault to receive benefits. The process typically involves reporting the injury to your employer, seeking medical attention, and filing a claim with the North Carolina Industrial Commission. Deadlines are crucial; for instance, the injury must be reported within 30 days Navigating the workers’ comp system can be complex. An experienced legal professional can help correctly file all paperwork on time and represent the worker in hearings. If an employer or insurer turns down the worker’s claim, an attorney can also help appeal the denial.

When you suffer a work-related injury, you can expect to incur a number of costs and losses. It’ll cost money to receive treatment for your injuries, and you potentially lose some income if your medical condition prevents you from returning to work immediately. Fortunately, workers’ compensation can cover your medical expenses and lost income. But what about the money you’ve spent on fuel to drive to a doctor’s appointment? Yes, workers’ compensation in North Carolina can cover sick travel. There are limitations to when it triggers and how much is paid, but this benefit can help those traveling far to receive proper care. How does sick travel reimbursement work? If an employee travels 20 or more miles round trip from their home to a healthcare facility, they can collect travel reimbursement from their workers’ comp insurer. As of January 2024, the reimbursement rate is 67 cents per mile, based on the IRS’ standard for medical travel. The travel must be for treatment that’s reasonable and necessary. Note that a different mileage rate may apply if you traveled for a workers’ compensation case before January 01, 2024. Your employer or insurer might also limit reimbursement based on the distance to the medical provider. If similar treatment is available closer to your home, your employer or insurer may not reimburse you for longer travel. Keeping track of travel Of course, you can’t file a reimbursement without submitting records of your sick travel. You’ll want to keep track of the following information each time you travel for medical treatment: Dates of travel Destinations Mileage Receipts for tolls, parking and lodging If you’re dealing with a work-related injury in North Carolina and facing travel for medical treatments, remember you’re entitled to seek reimbursement for your travel expenses. Keep meticulous records and stay informed about the state’s regulations to ensure you’re compensated fairly. If your employer or insurer refuses to provide travel reimbursement, consider seeking a legal professional to help you appeal the denial.

When your teen got their first part-time job, you probably didn’t give any thought to their right to workers’ compensation benefits. A lot of people only associate this coverage with construction workers or people engaged in other potentially dangerous work. Teens, however, often have their first jobs in restaurants and stores where the risk of falls, burns, cuts and other injuries is greater than many people realize. Further, teens who work after school or only during summer and maybe other school breaks too often don’t get the same safety training as their full-time, year-round co-workers. It’s hard to know the number of teens injured on the job every year because many of these injuries go unreported. Teens are typically more likely to minimize an injury – deciding to slap a bandage on it or “walk it off” – than their older co-workers. Nonetheless, it is undeniably not “zero” injured teens annually. Protections under North Carolina law Teens may fear that their hours will be cut if they report an injury or that they’ll be fired. Yet, it’s crucial to know that under North Carolina’s Retaliatory Employment Discrimination Act (REDA), employers can’t retaliate against an employee for reporting a work injury or filing a worker’s comp claim. Further, in most cases, an employee can seek workers’ compensation even if they were at fault for the injury (assuming they didn’t intentionally injure themselves or were under the influence at the time they sustained harm). Workers’ comp benefits are available to employees regardless of their age. Under North Carolina law, nearly every private employer with at least three employees is required to carry workers’ compensation insurance. Workers’ comp benefits extend to “minors, whether lawfully or unlawfully employed.” A minor is considered anyone under 18. Employers owe their young workers a workplace that’s as safe as possible and the necessary training and equipment to keep themselves and others safe. Older co-workers or supervisors should never ask them to do things that are risky because they’re young and possibly more agile or because they may be willing to do things other employees won’t. If your teen has suffered a work-related injury or illness and their employer is telling them they don’t have the right to file a workers’ comp claim or that they’ll lose their job if they do, it’s important for them to know and be able to assert their rights. It may be necessary to seek legal guidance to help protect them, accordingly.

Construction jobs remain one of the most dangerous professions in North Carolina, with falls as the leading cause of occupational injuries. You navigate expected risks regularly, but that doesn’t mean you should accept increased danger due to a lack of safety measures. Your employer should actively seek ways to ensure your and other workers’ safety. Otherwise, they could be compromising your health and security. How a lack of fall protection puts employees at risk Working from various heights is inherently risky but a daily reality that construction workers such as yourself face. The Occupational Safety and Health Administration (OSHA) requires employers to implement fall protection for work done at specific heights or above dangerous equipment and machinery. Neglecting fall protection could turn a routine task into a life-threatening situation. Insufficient or broken railings or missing toe-boards could cause workers to fall into dangerous machines or dangerous heights. Such unfortunate accidents could result in serious injuries, including traumatic brain injuries, spinal cord injuries and long-term disabilities. Beyond the financial and physical burdens, the harrowing experience can inflict emotional distress, potentially causing post-traumatic stress disorder (PTSD), anxiety or depression. A work injury can impair your ability to return to work and decrease your quality of life. It is, therefore, crucial for employers to enforce safety protocols in the workplace. What happens when employers do not prioritize fall protection When fall protection is not a priority, you face a higher risk of accidents. If you sustain an injury in the workplace, you may be eligible to seek workers’ compensation from your employer. This can help cover the costs of your medical expenses, rehabilitation and lost wages. Additionally, those who overlook fall protection could face OSHA violations, with fines reaching up to $15,625 per fall protection-related offense. They might also be required to implement preventative measures to avert future incidents. Seeking workers’ compensation for your injuries Your job should not compromise your safety. If you sustain a severe injury due to unsafe working conditions, seek medical attention immediately and report it to your employer. You can also consider filing a complaint with the appropriate agencies, pursuing compensation or taking legal action. You take on considerable risk to do your job well. Do not hesitate to advocate for the safe working conditions you are entitled to.

Driving distractions extend beyond using your phone. Other seemingly harmless activities can be just as dangerous, such as interacting with pets in the car. Although North Carolina does not require pet restraints, securing your animal companion may help keep you both safe when traveling. Different ways pets can distract drivers As a pet owner, you may take great pride in understanding your pet’s needs. However, animals can be unpredictable inside a moving vehicle. Loud sounds, motion sickness, hunger and other factors may distress your pet. They may roam around the vehicle, bark or whine for attention, or unexpectedly jump onto the front seat. Left loose, your pet can move around the vehicle and potentially cause a motor vehicle accident. In a collision, the lack of a harness may also cause your pet to become a projectile. Despite the risks, an alarming survey shows that many pet owners choose to drive with their companions on their laps and that very few individuals use restraints. What happens if you get into an accident? Drivers who cause a car accident in North Carolina are responsible for paying damages. Securing compensation may become a challenge if you were involved in a crash because of your pet. The other party or insurance carrier may argue that you were distracted while driving. Additionally, under North Carolina’s contributory negligence laws, sharing even just 1% of the fault eliminates your right to receive compensation. Proving that you are entirely blameless will be crucial to be eligible for payments. The stress, inconvenience and potential harm that follow a car accident are not worth the risk. Apart from vehicle damage, a collision may result in injury to both you and your pet. Employing safety measures, such as pet restraints or keeping pets in the back seat, may help ensure your travels stay safe.

While workers’ compensation triggers whenever a worker suffers either a work-related injury or occupational disease, the insurance does more than just cover for medical expenses. If a work-related injury or illness prevents a worker from immediately reporting back to work, workers’ compensation can cover any wages the worker might lose while away. What is this benefit, when can a worker receive it, and how long does it last? Lost wage compensation In the event an occupational injury or illness results in an injured worker’s disability, lost wage compensation will apply. These compensation payments are weekly, at 66 2/3% of the worker’s average weekly wage, up to a maximum amount established by the North Carolina Industrial Commission (NCIC) each year. This benefit lasts until the worker is able to return to work. While the employer’s insurer pays this benefit weekly, the NCIC can sometimes authorize monthly payments. Disability must exceed seven days This lost wage compensation doesn’t automatically trigger every time a worker suffers a disability, however. The disability must require the worker to take more than seven days off work for this benefit to apply. In addition, the worker won’t receive compensation for the first seven days of lost time unless their disability forces them to take 21 or more days from work. For instance, if a worker takes a leave to recuperate from a work-related fracture injury for 18 days, they’ll only receive compensation for 11 days. This is because their leave didn’t reach the 21-day threshold required to retroactively trigger benefits for the first seven days. While there’s no compensation for the first seven days of missed work, workers are still free to go on leave without pay or use any sick or vacation leaves. On top of covering medical expenses, workers’ compensation can also cover an employee’s lost wages while they’re away recuperating. However, workers can only receive this benefit if their employer or employer’s insurer approves their claim. If you have suffered either a work-related injury or illness, consider speaking with a legal professional who can help you appeal a denied claim.

Maneuvering a large vehicle, such as a truck or trailer, for long stretches is bound to cause discomfort. For seasoned truck drivers, experiencing the occasional lower back pain or body ache becomes part of the job. However, one condition seems to plague the industry: trucker’s knee. J ay Gervasi, P.A. represents injured truck drivers across North Carolina. What causes a trucker’s knee injury? Patellar tendinitis, commonly known as trucker’s knee, is a discomfort and pain around the kneecaps that often affects drivers. This condition can affect the knee tendon responsible for key movements, such as jumping or kicking. Although it is usually durable, repeated stress or strain on the knee can contribute to patellar tendinitis. Truck drivers in North Carolina can be on the road for up to 11 hours daily. The typical driving positions demand bending the legs while pressing the gas and brake pedals with force every so often. Imagine doing this day in, day out, for years. The unnatural position and repetitive motion can result in trucker’s knee over time. Common symptoms of trucker’s knee include a sharp pain around the kneecap, swelling, mobility issues or popping noise. Although the condition is manageable at first, it can escalate without proper treatment. Daily tasks such as sitting or standing can become excruciating, forcing drivers to take a break from work. While truck drivers are in recovery, their workers’ compensation benefits may help cover their missed wages and medical expenses. However, the process for claiming these benefits is notoriously complex. Addressing the pain Simple treatments such as regular breaks, pain relievers, adequate rest and physical therapy are usually enough to relieve patellar tendinitis symptoms. In rare cases, however, a doctor may prescribe surgery. Claiming workers’ comp benefits can help alleviate worries over missing pay and costly treatment. However, there is a strict process to follow to make a claim successfully. Understanding the deadlines and requirements can help reduce the chance of missing out on these crucial benefits. Once symptoms of patellar tendinitis appear, truckers should consider giving their knees and legs a break. After all, sufficient rest is key to a speedy recovery. Instead of tolerating the pain, pursuing early diagnosis and treatment can help truckers get back on the road faster. If you are a CDL driver and need legal help or compensation for work related injury or need help with fileing a workers compensation claim, contact Jay Gervasi today!

Work-related accidents are a common occurrence in physically demanding professions. The construction industry serves as a prime example of this. A common hazard in this sector is struck-by accidents. Such incidents occur when a worker comes into violent contact with an object or equipment. They can cause severe injuries and, in some cases, prove fatal. Dangerous environmental factors that cause injuries Struck-by incidents in 2020 led to 150 deaths and 14,000 nonfatal injuries in the construction sector. This highlights a need to address underlying issues. Several environmental factors in the construction industry play a significant role in these accidents. These include: Interaction with heavy machinery and tools: Construction work often involves using heavy machinery, power tools and other equipment. If workers mishandle or misuse these tools or machinery, the risk of struck-by injuries significantly escalates. Transportation-related incidents: A significant percentage of fatal and nonfatal struck-by injuries are transportation-related. These incidents typically happen when a vehicle or piece of construction equipment collides with a worker. Falling objects: Struck-by injuries can also result from objects falling from different heights. This can happen even from relatively low levels like a truck bed or dolly. The severity of the injury often correlates with the weight of the object and the height from which it falls. Each worker involved in a struck-by accident initially believed they were safe enough to perform their tasks. Unfortunately, these incidents prove such beliefs wrong. This highlights the importance of incorporating struck-by prevention strategies into the workplace. The Center for Disease Control and Prevention (CDC) suggests that these safety measures could be strict safety protocols, comprehensive training and the correct use of safety equipment. Workers’ compensation and safety measures Effective safety measures are not just best practices. They play a critical role in reducing these risks and ensuring the safety of the construction workforce. It’s important to remember that any worker who suffers an injury can seek relief through the state’s workers’ compensation laws. This applies regardless of who is at fault for the injury.