Are excavation accidents covered by workers’ comp in NC?

Yes, excavation accidents are generally covered by workers’ compensation in North Carolina.

In North Carolina, workers’ compensation is a no-fault system designed to provide benefits to employees who are injured or who develop an occupational disease as a result of their employment. This includes injuries that occur during excavation work, such as cave-ins, falls, equipment accidents, or other related incidents.

Most employers in North Carolina with 3 or more employees are required by law to have workers’ compensation insurance, although some workers, including certain farmworkers, sawmill workers, loggers, and independent contractors, do not qualify.

How does workers’ compensation work in North Carolina?

Workers’ compensation in North Carolina operates under a no-fault system designed to provide benefits to employees who suffer work-related injuries or occupational diseases, regardless of who was at fault for the accident.

This means that employees do not need to prove that their employer was negligent to receive benefits. However, for an injury or medical condition to be covered under workers’ compensation, an employee must be able to prove that it’s directly related to their job and that it occurred in the course of their employment.

To receive these benefits, injured workers also need to take certain steps, including informing their employer of the injury within 30 days and submitting the necessary paperwork, known as Form 18, to the North Carolina Industrial Commission to start their claim.

If the claim is approved, workers could receive various benefits, including:

• Medical benefits. This includes coverage of all necessary medical treatments related to the work injury.
• Wage replacement benefits. This is compensation for lost wages if a worker is unable to work due to their injury. This typically amounts to about two-thirds of their average weekly wage.
• Vocational rehabilitation benefits. These benefits provide assistance with reeducation and vocational training if a worker is unable to return to their previous job but is still capable of working in some capacity.
• Permanent disability benefits. If the injury results in a permanent disability, workers may be entitled to permanent total disability (PTD) benefits or permanent partial disability (PPD) benefits, based on the severity and nature of the impairment.
• Death benefits. If the injury results in a worker’s death, their dependents are entitled to benefits for funeral expenses and lost income.

Do I need an attorney to help with a workers’ comp claim after an excavation accident?

Probably. Due to the severity of the injuries associated with excavation accidents, workers are highly encouraged to seek the advice of an experienced workers’ compensation attorney before accepting a settlement.

A skilled attorney can help navigate the often complex workers’ compensation system, ensuring that you understand your rights and the full extent of benefits you’re entitled to receive.

They can also assist with gathering necessary evidence, filling out paperwork correctly to avoid costly mistakes, negotiating with insurance companies, and representing you in any hearings or appeals, if necessary.

Especially in cases involving severe injuries where long-term or permanent disability might be involved, having legal representation can make a significant difference in the outcome of your claim, ensuring you’ll have the compensation you need to provide financial security for you and your family well into the future.

Have questions? Contact Wilder Pantazis Law Group today!