Each state has the authority to establish parameters for insurance protection when workers within the state get injured on the job. Workers’ compensation insurance in North Carolina is designed primarily for workers who have only one place of employment, so those with two jobs may face problems when trying to collect benefits even on a valid injury claim. Workers’ comp claims in North Carolina are directed at one employer who is responsible for maintaining workers’ comp insurance for that particular worker. Injuries can be both accident-related or based on repetitive motion problems that develop over time due to constant physical stress required for job responsibilities. Employers are also allowed to contest injury claims when there is ample evidence to suggest claimed injuries are not employment-related. And when injured workers have more than one job that is affected by a workplace injury, cases can become complicated and strongly defended. This is why it is essential to have an experienced North Carolina workplace injury law firm representing the claim for proper benefits disbursal.
Potential for a Denied Workers’ Compensation Claim
Workers’ compensation insurance in North Carolina is intended to cover workplace injuries regarding wage replacement for time lost and medical coverage for the treatment costs. This allows the worker to have some level of income while rehabilitating the injury to the best reparable level. Some injuries cannot be healed to where the injured party recovers to previous levels of health and activity. The goal is for the worker to be able to return to their prior position held before becoming injured, which sometimes does not happen. Some workers must find other suitable employment. Others who have multiple jobs may also be able to continue at one position. However, this can present a problem if the employer who is deemed responsible for primary benefits uses other employment as evidence as a defense in a claim denial. The ability to work a second job can support a counter-claim that the employee can still work both jobs in some situations.
Potential for Reduced Workers’ Compensation Benefits
The primary financial recovery issue when an employee with a second job is hurt is that only one job will be the basis for workers’ comp insurance benefits for wage replacement. If the injury occurs due to a workplace accident, the employer who was responsible for the accident is responsible for the workers’ compensation benefits payment. The second employer is exempt from paying any benefits per North Carolina workers’ compensation law. Injury claims that happen due to repetitive motion disorders will depend on the duties of the injured employee while at work and possibly the number of hours worked in each job, but only one employer will be required to provide benefits even though the injured claimant is covered on both jobs.
How an Experienced North Carolina Workplace Injury Law Firm Can Help
Luckily for North Carolina workers, the workers’ compensation program is a “no-fault” system that denies the employer the right to claim exemption from liability due to the injury being caused by the claimant. The state contributory negligence law that allows a defense of even 1% personal fault does not apply in workers’ compensation injury cases. However, employers can also still claim that the injury did not occur at their work location or that the claimant injured themselves while off duty or working at a second job where the employer is not deemed liable for the claim. The novice injured worker would have a difficult time arguing these types of claim denial defenses without an experienced and aggressive workplace injury law firm that can craft a solid case for approval.
It is important for all individuals who work in North Carolina to understand this workers’ compensation law restriction when being injured on the job. All employers and their respondent insurance providers are trained in state law and use them regularly in denying any type of injury claims within the state. This can happen whether they are work-related injuries or not.
Always retain a reputable workplace injury law firm with a strong track record of results for their clients who will provide comprehensive representation for whole available benefits.