Career Nursing Assistants Network of N. Carolina

Some Things About Workers� Compensation
Nursing Assistants hoped not to ask!
The following are answers to some of the most commonly asked questions about North Carolina Workers� Compensation:
Q: When injured on the job, what are the steps?

A: Please go to the Charge Nurse and report your injury. Asked for a Workers� Compensation incident form and fill it out completely. Be sure to have all witnesses sign the accident form. Seek medical treatment.

Q: Who is required to provide workers' compensation coverage?
A: Any employer who employs three or more employees.

Note: Every executive officer selected or appointed and empowered in accordance with the charter and bylaws of a corporation is considered an employee of such corporation. For example, a corporation with two officers and one employee would be required to provide workers' compensation coverage. Any employer in which one or more employees are employed in activities which involve the use of or presence of radiation is required to have coverage.

Q: What must an employee do when an injury occurs?
A: Report the injury to the employer, in writing, immediately and in any event within 30 days.

Q: What should be done if the employer fails or refuses to report an injury?
A: Employee should file a claim (Form 18) within two years of the accident with the Industrial Commission.

Q: Who provides and directs medical treatment?
A: The employer or its insurance company, subject to any Commission orders, provides and directs medical treatment. The Commission may permit the employee to change physicians or approve a physician of employee's selection when good grounds are shown. However, payment by the employer or carrier is not guaranteed unless written permission to change physicians is obtained from the employer, carrier, or Commission before the treatment is rendered.

Q: What are the rules for chiropractic treatment?
A: If the employer grants permission to seek medical treatment from a chiropractor, the employee is entitled to 20 visits if medically necessary. If additional visits are needed, the chiropractor should request this authorization from the employer.

Q: When can reimbursement for sick travel be collected?
A: Employees are entitled to collect for mileage for medical treatment in workers' compensation cases at the rate of 25 cents a mile for travel prior to June 1, 2000 and at the rate of 31 cents a mile for travel on or after June 1, 2000, provided they travel 20 miles or more round trip. Special consideration will be given to employees who are totally disabled.

Note: The Industrial Commission has given the self-insurers and insurance carriers permission to pay drug and travel expenses directly to the employee without approval from the Commission.

Q: What happens if in an emergency the employer fails or refuses to provide medical treatment?
A: The employee may obtain the necessary treatment from a physician or hospital of his own choice, but must promptly request the Commission's approval.

Q: When do I become eligible for lost wage compensation?
A: No compensation is due for the first seven (7) days of lost time unless the disability exceeds 21 days. Therefore, the first check will not include payment for days 1-7. Payment for those days will be made should the disability continue beyond 21 days.
For further information, contact:
North Carolina Industrial Commission
4319 Mail Service Center
Raleigh, North Carolina 27699-4319
Main Phone: (919) 807-2500
Fax: (919) 715-0282
Ombudsmen: (800) 688-8349, (919) 807-2501
Fraud Investigations: (888) 891-4895 (in North Carolina), (919) 807-2570

N.C. Industrial Commission � 4319 Mail Service Center � Raleigh, NC 27699-4319
Main: (919) 807-2500 � Fax: (919) 715-0282
Internet Address: http://www.comp.state.nc.us/

Follow-ups:

• RE: Some Things About Workers� Compensation    Rich (8/25/2002 10:20:55 AM)
• RE: RE: Some Things About Workers� Compensation    Melvin Whitley (8/27/2002 12:57:17 PM)