Legal Question in Workers Comp in North Carolina
My fiance was cleaning out a machine at work along with a lady that didn't speak very good english and while his hand was still in the machine she turned it back on and the result was his hand being lacerated and surgery. They are wanting to put him back to work as soon as possible on light duty. My question is will the worker's comp offer any pay for pain and suffering or will he have to sue? Also does the workers comp suppose to pay right away for time lost at work or is there a waiting period?
1 Answer from Attorneys
He needs to file a Form 18 with the NC Industrial Commission to make sure his claim is on file with the state ASAP. He also needs read the NCIC Bulletin that explains how the system works in general terms.
Pain and suffering are not specifically recovered in workers' conmpensation claims, but can become real issues affecting ability to work and therefore entitlement to TTD benefits. Also available is medical treatment, partial wage loss benefits and permanent partial disability benefits. For temporary total disability benefits (the TTD noted abovve), there is a 7 day initial waiting period, but this can be recovered if he stays out longer than 21 days total.
Call a lawyer for more detailed information. Most of us allow free initial consultations. Good luck!
S. Neal Camak
Attorney at Law
Bd. Certified Specialist in NC Workers' Compensation Law
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