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Archive for July, 2010
How Will My Claim Be Affected If I Was Doing Something I Was Not Supposed To Be Doing (such as operating machinery I was not trained to operate)?
Monday, July 26th, 2010
Injured workers are sometimes afraid to file a Workers’ Compensation claim, or believe their claim will be denied, if they were doing something they were not supposed to do when they were injured. This is a mistake. As long as you did not cause your injuries on purpose and you were not intoxicated, your behavior should not cause your claim to be denied. Even if you were doing something you were told not to do, you may still be eligible for Workers’ Compensation, but it may be reduced by 10% under certain circumstances.
North Carolina Workers’ Compensation law was created to help injured workers get the benefits they need without having to fight for them. It covers all of your work-related medical expenses and can replace up to two-thirds of your lost wages. If you die, it covers your burial expenses and your family may receive Workers’ Compensation death benefits. It is a trade-off because in some cases you would stand to receive far more from a personal injury lawsuit against your employer, and Workers’’ Compensation laws bar you from suing your employer for your injuries. But this trade-off means that you do not have to defend your actions, such as operating machinery that you were not trained to use, in order for you and your family to receive the benefits.
If you have been injured on the job in North Carolina, please contact White & Stradley, LLP, North Carolina Workers’ Compensation attorneys, to schedule you initial consultation and learn more about your rights today.
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