Common Questions About Workers' Compensation

At Smith, Dickey & Dempster P.A., our attorneys hear a lot of questions about workers' compensation benefits in North Carolina. We have more than 50 years of experience helping injured employees understand their right to receive benefits.

Workers' Compensation FAQs

Our local law firm is committed to helping workers in Fayetteville and Cumberland County through the workers' compensation process. To help you understand this process, below are some of the most commonly asked questions we receive.

What should I do after being injured at work?

You must report the injury to your employer in person or in writing as soon as possible and at least within 30 days of the accident. Visit our page on What To Do After An Accident to learn more about what specific steps to take.

Can I still receive benefits if I was injured at work before or after my shift?

You may be able to recover workers' compensation benefits in this situation. Employers are responsible for injuries that happen on their premises, including in their parking lots.

What are the different types of workers' compensation benefits?

Temporary total disability: Available to employees who are temporarily and completely disabled due to a work injury. After a seven-day period, workers are entitled to weekly benefits that are two-thirds of their average weekly age.

Partial permanent disability: Available to workers who return to work and are earning less than before their work injury. Employees may be entitled to third thirds of the difference between their wages.

Permanent partial disability: Available to employees who have a permanent disability. Benefits are calculated by your physician based on your total loss of a body part or function — referred to as your PPD rating.

When are employees eligible to receive benefits?

Compensation is available after a period of seven days. You will receive compensation for the first seven days if your disability exceeds 21 days.

How long can an employee receive benefits?

You can receive workers' compensation benefits until you are able to return to work.

Can employees be fired for reporting their injury and filing a workers' compensation claim?

It is illegal for an employer to fire an employee for reporting their workplace injury and filing a workers' compensation claim. It is also illegal for an employer to threaten an employee or force him or her into settling their workers' compensation claim.

How do I find medical care for a work-related injury?

Your employer is responsible for providing or helping you find medical treatment. You can request a change in physicians if there is a valid reason. However, payment by your employer is not guaranteed in some circumstances.

Do I have to pay my attorney at the beginning of my case?

Our lawyers do not get paid unless they recover benefits in your case. There is no risk to work with us since we only get paid if we help you receive workers' compensation benefits.

Get Your Questions Answered. Contact Us For A Free Consultation.

We will answer your questions and guide you through the process of filing for workers' compensation benefits. Let us start helping you after being injured at work. Arrange your free consultation by calling 910-849-2364 or sending us an email. We are available 24/7 and offer Saturday appointments.