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Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

I Was Hurt at Work, Now What?

WorkersComp38_06062014As a general starting point, if you are injured while at work, you should make sure your employer is aware of your injury and a workers' compensation claim has been filed with the North Carolina Industrial Commission. In North Carolina, almost all employers with three or more employees are required to purchase and maintain workers' compensation insurance.

Your employer's workers' compensation insurance company is supposed to cover and direct your treatment, but if any disagreements arise about how much you should receive, or if you want a second medical opinion, you can take your complaints to the North Carolina Industrial Commission. However, keep in mind that the Industrial Commission does not provide legal advice.

What Is the North Carolina Industrial Commission?

The North Carolina Industrial Commission was created by the North Carolina General Assembly to administer and carry out North Carolina's workers' compensation laws. When you are injured by an accident while on the job, or suffer an occupational disease (i.e. carpel tunnel syndrome, loss of hearing, exposure to hazardous substances, etc.), the North Carolina Industrial Commission will work with you and your employer to administer and process your workers' compensation claim. You can think of the North Carolina Industrial Commission as the final decision-maker in your workers' compensation claim.


How Is the North Carolina Industrial Commission Structured?

The North Carolina Industrial Commission is made up of six commissioners who are appointed by the governor for terms of six years. The commissioners administer workers' compensation cases, as well as the operations of the employees that make up the Commission. The commissioners also sit in panels of three for purposes of resolving claims that come before them. This is called the, "Full Commission." You can think of the Full Commission as the equivalent of an appellate level court (a court that hears appeals). Basically, if you appeal a Deputy Commissioner's decision, it will heard by the Full Commission. The Full Commission panels, like the Deputy Commissioners, resolve claims coming before them through orders, opinions, and decisions.

The Commission is also made up of Deputy Commissioners and Special Deputy Commissioners. Deputy Commissioners are responsible for conducting full evidentiary hearings, much like the Full Commission. The also hear administrative motions, such as a motion requesting defendants' be ordered to provide medical care for an injured worker.


Will My Case Be Heard by the Commission?

Most injured workers will settle their workers' compensation claim before it becomes necessary to have a hearing before a Deputy Commissioner. If the parties are able to reach an agreement and settle a workers' compensation claim, a Special Deputy Commissioner will review the settlement agreement. Settlement agreements are often referred to as "clinchers."

 

So Remember....

If your employer has three or more employees, it's likely they have workers' compensation insurance coverage. If you are injured while at work, you should make sure your employer is aware of your injury, and a workers' compensation claim has been filed.

Once a claim has been filed, the North Carolina Industrial Commission will work with you, your attorney, your employer, and your employer's workers' compensation insurance provider to process and resolve your workers' compensation claim.

 

We Have Former Commissioners On Staff!

Wouldn't it be nice if you knew what the people who would ultimately deny or approve your claim thought about your case? Well, at our firm, we actually have two former commissioners on staff.

Doug Berger used to be a Deputy Commissioner for the NC Industrial Commission and Matt Harbin is a former Special Deputy Commissioner. They serve as a resource for all of our workers' compensation attorneys and staff to help us try to present your case in the best possible light.

Want that expertise on your side? Just give us a call at 1-866-900-7078 or click here for a free case evaluation.

Mr. Smith joined the workers' compensation department of the Law Offices of James Scott Farrin in 2014.

He received his J.D. from Elon University School of Law, where he attended on an academic scholarship. His accomplishments there included being named to the Dean's List, a Moot Court member, and a semifinalist in a moot court competition. Prior, Mr. Smith received his B.A. from North Carolina State University, where he majored in Political Science with a concentration in Criminal Justice.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078