The different types of workers’ comp benefits
If you are an employee who’s eligible for workers’ comp benefits, that’s often the easiest and quickest way to recover the compensation you need after a work injury. You may be eligible for a number of benefits, including:
- Reimbursement for all necessary medical treatment, appointments, supplies, and equipment
- A portion of lost wages and ongoing disability payments while you’re unable to work, which is typically two-thirds of your average weekly wage
- Death benefits if you lost a loved one due to a work-related injury or illness
Your exact benefits will depend on factors like the severity of your injury and whether or not you’ll be able to return to work.
Eligibility requirements for workers’ compensation in North Carolina
In North Carolina, most businesses with more than 3 employees must have workers’ compensation insurance. Eligible workers are entitled to workers’ comp benefits after an injury or illness as long as it occurred during the course of their jobs.
There are exceptions, however, for domestic employees (like housekeepers), certain sawmill and logging workers, and agricultural workers who work for an employer with fewer than 10 employees.
There are also cases where workers are considered independent contractors rather than employees; independent contractors are legally considered self-employed, even if they’re working for a particular business.
How North Carolina defines “employee vs. independent contractor”
How does North Carolina define an independent contractor? There’s no single rule or standard.
Instead, the situation is reviewed with an eye toward the following:
- How much control and supervision the employer has over the worker
- Who makes the decisions about where, when, and how the work is done
- Who sets the hours, timelines, and budgets
- Who pays for the tools, supplies, and materials
- Whether there’s a “continuing relationship” between the employer and the worker
The general rule of thumb for independent contractors is that they work outside of an employer’s control. They might be given a task or project, for instance, but they work independently to complete it.
Another sign of independent contracting is when taxes aren’t withheld from their paychecks. Employees will have things like Social Security automatically deducted. Meanwhile, independent contractors will receive their full wages, but they’ll have to pay self-employment taxes quarterly or annually.
Most common injuries to floor installers
Floor installers are responsible for laying various types of flooring materials, including carpet, tile, stone, and hardwood. Their everyday job duties involve measuring, cutting, placing, adhering, trimming, stripping, and finishing their flooring materials.
They’re often required to use specialized tools called knee kickers, which help to quickly and efficiently stretch carpet but can also put strain on the knees over time.
Some of the most common knee injuries include:
- Bursitis (inflammation)
- Tendonitis
- Dislocations
- Kneecap fractures
- Sprains and strains
- ACL and MCL tears
- Fluid buildup
- Skin infections
Other hazards of flooring installation can range from mild to severe:
- Respiratory issues. Glues, resins, and polishes can contain volatile organic compounds (VOCs) such as polyurethane and turpentine. Exposure to these toxic chemicals can cause breathing problems and even lung diseases like cancer.
- Repetitive stress injuries. Flooring technicians are highly mobile with a lot of standing, squatting, and kneeling, which can lead to repetitive stress injuries in knees, backs, wrists, and shoulders.
- Cuts, bruises, burns, and abrasions. As a physical job, flooring installation can lead to a number of accidents. These can include accidents with saws, staplers, nail guns, and other tools.
- Fractures, head injuries, and spinal cord injuries. These injuries can result from slip-and-fall accidents caused by working on uneven surfaces or tripping over power cords or other equipment.
Flooring installer injury statistics
Studies have shown that floor installers spend as much as 75% of their job kneeling, often on hard surfaces, and for extended periods of time. This can lead to a variety of occupational hazards related to the knees.
Carpet layers, for example, comprise just 0.06% of the workforce in the United States, but they file more than 6% of the workers’ compensation claims for knee injuries. That’s 108 times the national rate. Tile setters and floor layers also experience disproportionate rates of knee injuries at 53 and 46 times the national rate, respectively.
How to prevent knee injuries for flooring installers
Implementing proper techniques and taking preventive measures can significantly reduce the risk of knee injuries.
Firstly, using knee pads and shock absorbers provides essential cushioning and protection for the knees. Taking regular breaks and alternating tasks that require kneeling with those that don’t allow for rest and relief can also reduce knee strain and injuries. Additionally, adhering to proper body mechanics, such as using the legs to lift heavy objects instead of straining the knees, is essential.
Lastly, keeping the work area clean and free of hazards helps prevent accidental slips or falls that can lead to knee injuries. By incorporating these preventive measures, flooring installers can help safeguard their knees and maintain their overall well-being.
How to file a workers’ compensation claim in North Carolina
Eligible workers should take the following steps to begin a workers’ compensation claim in North Carolina:
- Seek medical attention so you’ll have clear documentation linking your injury or illness to your job.
- Notify your employer of your injury within 30 days.
- File Form 18 with the North Carolina Industrial Commission as soon as possible, but no later than 2 years after your injury.
- Contact a skilled workers’ compensation attorney if you want help filing your claim or if your claim is denied.
Getting help from a workers’ compensation attorney
A skilled workers’ compensation attorney can provide invaluable assistance when you’re filing a claim. This is especially true if you’ve been misclassified as an independent contractor rather than an employee.
When reviewing your case, a workers’ compensation attorney can:
- Determine if you’ve been properly classified under North Carolina law.
- Figure out which benefits you qualify for.
- Identify any negligent parties in the case.
- Negotiate with your employer and their insurance company to help you get maximum benefits.
If you’re eligible for workers’ comp, your attorney can help you file the appropriate paperwork with the Industrial Commission. If you aren’t eligible, your attorney can help you pursue claims against third parties as part of a personal injury lawsuit.
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