1. What Types of Injuries Are Covered?
2. What should you do if you are injured in the workplace?
3. Who Provides and Directs Medical Treatment?
4. At What Rate Are Compensation Payments made?
5. When can you expect your first compensation payment?
6. Are you entitled to Compensation for Pain and Suffering?
7. Can you be reimbursed for travel and prescription expenses?
8. What if your employer refuses to acknowledge or admit your claim?
9. Are workplace disputes, such as sexual harassment or wrongful discharge, considered Workers' Compensation Claims?
10. How Can an Attorney be of Assistance to you?
11. What Does the Attorney Charge?

1. What types of injuries are covered?
Employees are entitled to benefits if, while carrying out activities for the benefit of their employer, they suffer an accidental injury or sustain, over time, an occupational disease. It doesn’t matter whether you caused your injury.

To be compensable, the "occupational disease" must be so distinctively associated with the employee’s occupation that there is a direct causal connection between the duties of the employment and the disease contracted; that is, the employment must have exposed the worker to a greater risk of contracting the "disease" than the public generally (e.g.: carpal tunnel syndrome in the hands or joints).

2. What should you do if you are injured in your work place?
Report the injury to your employer, orally and in writing, immediately, and in any event, within 30 days.

3. Who Provides and Directs Medical Treatment?
The employer or its insurance company, subject to any Industrial Commission orders, provides and directs medical treatment. The Industrial Commission may permit the employee to change physicians, or approve a physician of employee’s selection when good grounds are shown.

The costs of medical compensation are in addition to cash benefits and do not offset or reduce the weekly compensation payments.

If your employer denies liability or fails to provide treatment (or in the case of an emergency), you, the employee, may select a physician or hospital. But, you must promptly request approval from the Industrial Commission. http://www.comp.state.nc.us/

4. At what rate are compensation payments made?
Compensation payments are made at 662/3% of your average weekly wage over the previous 52 weeks.

5. When can you expect your first compensation payment?
The first check is due on the 14th day following the injury. No compensation is due for the first seven (7) days of lost time from work unless the disability extends beyond 21 days.

6. Are you entitled to Compensation for Pain and Suffering?
The North Carolina Worker’s Compensation Act, first enacted in 1929, evolved as a trade-off, or compromise, of the employers and employees rights and remedies.

It says, employers give up their right to raise various common law defenses and they pay compensation on more cases than they did in the past. In exchange, the employers obtained limited and fairly determinate liability.

On the other hand, employees, conversely, give up their right to trial by jury and their right to seek tort damages in exchange for a more certain recovery. In summary, employees no longer have the right to recover for pain and suffering, but in exchange, they receive swift and certain benefits for the vast majority of work-related injuries.

7. Can you be reimbursed for travel and prescription expenses?
You are entitled to collect for mileage when you travel for medical treatment at the rate of 25 cents a mile, provided you travel 20 miles or more on a round trip.

Additionally, you are entitled to full reimbursement for all drugs and prescriptions related to your medical treatment.

8. What if your employer refuses to acknowledge or admit your claim?
When liability for payment of compensation is denied, you will promptly be notified of the reason for the denial. Then, you, through your attorney, may request a hearing before the Industrial Commission. Such hearings can be scheduled within 4 to 6 weeks.

9. Are workplace disputes, such as sexual harassment or wrongful discharge, considered Workers' Compensation Claims?
No. The North Carolina Department of Labor (http://www.dol.state.nc.us/) handles such disputes. Call their hotline toll-free at 1-800-522-6762.

10. How Can an Attorney be of assistance to you?
I, as your attorney, can be of assistance in three areas:

1. I can be of considerable assistance in hammering out a fair settlement of your claim. Negotiations can be tricky and require a serious assessment and balancing of your needs and rights. You will likely have several different options by which you may settle your claim, for example, by either preserving your rights to ongoing medical treatment, or by settling for a lump sum payment. A lump sum payment might mean that the employer is no longer legally responsible for future medical treatment.
2. We can provide you and your family peace of mind throughout a process that can be drawn-out and taxing. We will be available to directly respond to any and all of your questions, and to help you navigate your way through medical treatment and recovery.
3. We handle all negotiations with:
   • The insurance company
   • Representatives of your employer’s company
   • A rehabilitation case manager who will be assigned to assist in your medical treatment
   • The insurance adjuster who will oversee authorization of your medical treatment and payment of your compensation
   • The vocational rehabilitation case manager who will assist you in returning to work or in finding other work to accommodate whatever limitations you may have
   • The doctors, nurses and others who may be involved in your case.

11. What Does Roberti, Wittenberg, Lauffer and Wicker Law Charge?
I represent you on a contingency fee basis. Upon the settlement of your claim, and at no time before, I submit an accounting of my time expended on your behalf, to the North Carolina Industrial Commission. The Industrial Commission grants me up to 25% of your settlement - the amount may be less based on whether or not your case goes to trial, etc. The attorney’s fee will never exceed 25%.

If your case does not lead to a settlement, then you’re not charged for any services I or my staff has provided.

Also, unlike many other attorneys, I do not charge a fee on an ongoing basis - for example, in the course of your medical recovery.

U.S. Department of Labor - http://www.dol.gov/esa/whd/flsa/
Federal Employee - http://www.opm.gov/flsa/

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