Whether you work at a large distribution center in Charlotte, a facility in Research Triangle Park, or a manufacturing plant like Smithfield Foods in eastern North Carolina, a workplace injury can happen in an instant and change your life. Suddenly, you may face medical bills, lost wages, and uncertainty about your future.

The North Carolina workers’ compensation system is supposed to help injured workers, but it can be a confusing maze of forms, deadlines, and rules. An experienced North Carolina workers’ compensation lawyer from the Law Offices of James Scott Farrin can help you navigate the system and fight for your rights.

If you have been hurt on the job, we want to help you. Contact us at 1-866-900-7078 for a free case evaluation.

Why Choose the Law Offices of James Scott Farrin for Your North Carolina Workers’ Compensation Claim

When you are dealing with a work injury, the last thing you need is more stress. Choosing the right law firm for you can make a significant difference. At the Law Offices of James Scott Farrin, we put you first, and our formidable team is ready to fight for you. We have recovered over $2 billion total for over 73,000 clients since 1997. And counting.¹

Here is the James Scott Farrin Advantage:

• Experienced and Recognized Attorneys: Our workers’ compensation department has many North Carolina State Bar Board Certified Specialists, a designation held by a small percentage of attorneys licensed to practice in the state. Many of our attorneys have been recognized for their work, and our team includes former insurance industry professionals who know the other side’s playbook.
• A Strong Track Record of Results: We fight for maximum compensation for our clients. In 2024 alone, we recovered over $240 million total for over 5,000 clients.¹ Our history of fighting for our clients gives us the experience to handle tough cases.
• No Fee Unless We Win Your Case: We operate on a contingency fee basis. This means you pay no fee unless we recover compensation for you — guaranteed.² This arrangement reduces the financial risk for you to seek legal help.
• Efficient and Responsive: Our firm has invested in proprietary software and streamlined processes to keep cases moving forward. We are committed to communicating with you, answering your questions, and keeping you updated every step of the way.

Our goal is to handle the legal burdens so you can focus on what matters most — your health and recovery.

Common Workplace Injuries and Their Impact on North Carolina Workers

Any job, from an office to a construction site, carries some risk of injury. In North Carolina, workers endure a wide range of injuries, many of which can have long-term consequences.

Some of the most common types of workplace injuries include:

• Overexertion and Bodily Reaction: These are the most frequent non-fatal workplace injuries, often resulting from lifting, pushing, pulling, or repetitive motions. They can lead to debilitating back pain, joint damage, and muscle strains.
• Slips, Trips, and Falls: Whether from a wet floor in a Raleigh restaurant or a fall from scaffolding at a Greensboro construction site, these accidents can cause broken bones, traumatic brain injuries (TBIs), and spinal cord damage.
• Contact With Objects and Equipment: This category includes incidents where a worker is struck by a falling object, caught in machinery, or crushed by equipment. These accidents often result in catastrophic injuries.
• Repetitive Motion Injuries: Office workers, assembly line employees, and many others can develop conditions like carpal tunnel syndrome from performing the same tasks over and over.
• Exposure to Harmful Substances: Workers may be exposed to toxic chemicals or environments, leading to respiratory diseases, skin conditions, or other occupational illnesses.

The impact of these injuries goes far beyond the physical pain. Injured workers often face mounting medical expenses while being unable to earn a paycheck, creating immense financial and emotional strain for them and their families.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance purchased by employers that provides specific benefits to eligible employees who get injured or ill as a result of their job. In North Carolina, the system is governed by the North Carolina Workers’ Compensation Act and overseen by the North Carolina Industrial Commission (NCIC).

Essentially, it is a trade-off. In exchange for receiving these benefits, employees generally give up the right to sue their employer for negligence. This is often called a “no-fault” system, and you typically do not have to prove that you or your employer did something wrong to cause your injury; you only need to show that the injury arose out of and in the course of your employment.

However, “no-fault” does not mean “no-fight.” Insurance companies are businesses, and some may look for any reason to deny claims or minimize payouts. Most have attorneys looking out for their interests, which is why having a North Carolina workers’ compensation attorney on your side can be critical to leveling the playing field. An attorney can help you try to build a compelling case and can significantly increase your odds of success.

Workers’ Compensation Benefits for Injured Workers in North Carolina

If your claim is accepted, the North Carolina Workers’ Compensation Act outlines several types of benefits you may be able to receive. The goal of these potential benefits is to help you manage the financial and medical consequences of your on-the-job injury.

Possible benefits include:

Medical Treatment

This can cover all necessary medical care related to your work injury, including doctor visits, hospital stays, surgery, prescription medications, physical therapy, and medical equipment. It is important to note that your employer or their insurance carrier generally has the right to direct your medical care.

Lost Wage Benefits

If your injury prevents you from working, you may receive temporary or permanent disability benefits. These are typically calculated as two-thirds of your average weekly wage, up to a maximum amount set by state law. Potential lost wage benefits include:

• Temporary Total Disability (TTD): Paid while you are completely unable to work as you recover.
• Temporary Partial Disability (TPD): Paid if you can return to work but in a lower-paying capacity due to your injury.
• Permanent Total Disability (PTD): Paid for the rest of your life if you are deemed permanently and totally disabled.

Permanent Impairment

If your injury results in the permanent loss of use of a body part, such as a hand or an eye, you may be eligible for Permanent Partial Disability (PPD) benefits which are calculated based on a scheduled list of values for various body parts as outlined in the North Carolina Workers’ Compensation Act.

Vocational Rehabilitation

If your injury prevents you from returning to your previous job, you may qualify for services to help you find new employment, such as job training and placement assistance.

Death Benefits

If a worker tragically dies from a work-related injury, their surviving dependents may be eligible for burial expenses and weekly wage replacement benefits.

An attorney can help calculate the full value of the benefits you might deserve and fight for them on your behalf.

Do I Have a North Carolina Workers’ Compensation Claim?

If you were hurt on the job, the very likely answer is yes.

There is a common misconception that workers may not receive compensation if they contributed to the accident that caused their injury. This is generally not true in workers’ compensation cases, though it may be one of the first tactics used by some employers or insurance companies to deny a claim.

To be eligible for compensation in North Carolina:

1. Your injury must arise while you are working.
2. Your injury must arise because of the work you are doing.
3. Your injury must be caused by an accident, or, in the case of a back injury, a specific incident.
4. Your employer must have three or more employees.

What to Do if You Are Injured on the Job

The steps you take after a work injury are critical and can significantly affect your ability to receive benefits. After seeking any necessary emergency medical attention, there are important actions to take once you are able.

1. Contact a Workers’ Compensation Lawyer: The insurance company may try to get you to give a recorded statement or sign documents that could harm your case. Before you do, consider seeking help from an experienced attorney who can help protect your rights and guide you through the process.
2. Report Your Injury in Writing: You must notify your employer of your injury within 30 days. While verbal notice is allowed, it is always best to report it in writing so there is a clear record.
3. File Your Claim With the NCIC: You must file a claim with the North Carolina Industrial Commission using a Form 18. This must generally be done within two years of the date of your injury. Missing this deadline may bar you from receiving any benefits.
4. Follow All Medical Advice: Attend all doctor’s appointments and follow the treatment plan prescribed by the authorized physician. Failing to do so may give the insurance company a reason to stop your benefits.
5. Keep Detailed Records: Maintain a file with all documents related to your injury. This includes medical records, bills, correspondence with your employer or the insurance company, and notes on how the injury is affecting your daily life.

How Can a Lawyer Help With My Workers’ Comp Claim?

While you can file a workers’ compensation claim on your own, the process can be overwhelming, especially when you are trying to recover from an injury. Most insurance companies have adjusters and attorneys dedicated to minimizing what they pay. Having a lawyer on your side helps protect your interests.

An experienced workers’ compensation attorney can handle the legal burdens for you by:

• Handling the Details: We can manage the complicated paperwork, help see that procedures are followed correctly, and meet the strict deadlines set by the North Carolina Industrial Commission.
• Guiding and Communicating: Our team can advise you on the workers’ comp benefits you may qualify for, listen to your questions and tell you the truth, and help devise a plan to try to protect your job during your recovery.
• Protecting Your Rights: We can fight back against pressure to return to work too soon, strategize on obtaining second medical opinions if necessary, and carefully monitor the actions of nurse case managers assigned by the insurer.
• Building Your Case: We can collect and examine your medical records, move your case forward while helping you avoid common pitfalls, and depose doctors or witnesses if needed to build a compelling case.
• Fighting for You: Our team can handle communications and negotiations with the insurance carrier, fight for faster approval of medical treatments, and counter any lowball settlement offers.
• Disputing a Denial: If your claim is unfairly denied, we can argue your case before a neutral mediator, present your case at a formal hearing, and pursue an appeal in certain instances.

Having a dedicated legal advocate allows you to focus on your health while we fight for all the benefits you may deserve.

Filing a Third-Party Lawsuit After a Work Injury

While the workers’ compensation system generally prevents you from suing your employer, you may have the right to file a separate personal injury lawsuit against a negligent third party who contributed to your injury. A third party is someone other than your employer or a co-worker.

Examples of situations that might lead to a third-party claim include:

• You are a delivery driver who is injured in a car accident caused by another driver.
• You are injured by a defective piece of equipment or machinery at your workplace. The manufacturer of that equipment could be a third party.
• You are working on a construction site and are injured due to the negligence of an employee from a different subcontractor.

A third-party lawsuit can allow you to seek compensation for damages not covered by workers’ compensation, such as pain and suffering. These cases can be very complex, as you will have to manage both a workers’ comp claim and a personal injury lawsuit simultaneously. A firm, like ours, with attorneys who handle both types of cases can advise you on your options and help you pursue all available avenues for compensation.