What does workers’ comp cover in North Carolina?
In North Carolina, workers’ compensation covers a variety of benefits designed to assist employees who have been injured on the job or have developed a work-related illness or disease.
These benefits include:
- Medical benefits. Workers’ compensation in North Carolina covers all necessary medical treatment related to the work injury or illness. This includes doctor visits, hospital stays, medical procedures, prescriptions, and necessary medical equipment.
- Wage loss benefits. These benefits are designed to compensate for lost wages if the work-related injury or illness prevents the worker from returning to work, either temporarily or permanently.
- Vocational rehabilitation. If the worker cannot return to their previous job due to their injury, they may be eligible for vocational rehabilitation services. These services aim to help the worker find new employment within their physical limitations and may include job training or educational assistance.
- Death benefits. If a worker dies as a result of a work-related injury or illness, their dependents may receive death benefits. These benefits typically include a portion of the worker’s average weekly wage and may also cover funeral and burial expenses.
Employers and their insurance carriers are responsible for providing these benefits to eligible employees. If there are any disputes or if an employee’s claim is denied, they may appeal the decision through the North Carolina Workers’ Compensation Commission.
Do longshoremen get benefits in North Carolina?
Yes, in North Carolina, most longshore and dock workers who are classified as employees (not independent contractors) are entitled to state workers’ comp benefits.
However, there is also a federal longshoreman workers’ compensation program outlined in the Longshore and Harbor Workers’ Compensation Act (LHWCA). Both programs provide benefits for medical expenses and lost wages, as well as death benefits.
What is the US Longshore and Harbor Workers Compensation Act?
The LHWCA covers private companies and their workers operating in U.S. navigable waters and surrounding zones such as docks and shipyards. Workers eligible for coverage after a work-related injury, illness, or disease under this Act include maritime workers like longshore personnel, ship repairers, builders, and dismantlers, as long as their duties involve vessel-related activities such as loading, unloading, repairing, or constructing.
However, the LHWCA does omit certain groups from its coverage, including but not limited to:
- Workers already covered by state workers’ compensation
- Workers primarily engaged in administrative, secretarial, security, or information-processing roles
- Workers employed by recreational facilities, museums, or retail stores
- Workers who do not participate in the building, overhaul, or enlargement of marina structures
- Workers whose injuries were the result of self-harm or intoxication
The compensation available to injured dockworkers under the LHWCA is similar, but not identical, to the benefits available under North Carolina’s workers’ comp law. Depending on the job type and injury, it’s possible the LHWCA awards could be more generous.
Another item of note is that obtaining compensation under North Carolina’s workers’ comp system can be faster than securing compensation under the LHWCA. It’s possible to file a claim under both programs, but you cannot “double-dip,” meaning a person cannot be paid twice for the same injury.
How do dock workers file a workers’ comp claim in NC?
To file a North Carolina workers’ compensation claim following a job-related injury, longshore workers should take several steps:
- Report the injury. Immediately inform your employer about the injury. North Carolina law requires you to report the injury within 30 days, but it’s best to do it as soon as possible to ensure the documentation is accurate and timely.
- Seek medical attention. Obtain the necessary medical treatment for your injury. Your employer may direct you to a specific health care provider for the initial visit. Keep records of all medical treatments and reports, as they will be crucial for your claim.
- Files a claim. Finally, you should start a claim by submitting Form 18 to the North Carolina Industrial Commission. This should be done right away, but no later than 2 years from the date of your injury.
Please note that the process is slightly different when filing a claim under the LHWCA.
Because filing a claim as a dockworker can be confusing, workers are encouraged to speak with an attorney so they can understand their legal options and responsibilities. A work injury attorney can provide guidance, help protect your rights, and ensure you receive the appropriate compensation.
Common injuries for dock workers and longshoremen
Given the nature of their work in ports and shipping environments, longshore workers are exposed to various hazards that can lead to injuries and death.
Some of the most common injuries among longshore workers include:
- Overexertion injuries. These include strains, sprains, and other injuries to muscles, tendons, and ligaments, often resulting from lifting heavy cargo or working in awkward positions.
- Back injuries. Heavy lifting and carrying, along with twisting and turning while moving cargo, can lead to back strains, herniated discs, and other back-related issues.
- Fall-related injuries. Injuries like broken bones and spinal cord injuries from slips, trips, and falls are common, whether from heights (such as from ladders, cargo stacks, or containers) or on the same level (due to slippery surfaces, uneven ground, or obstacles).
- Crush injuries. Workers can suffer crush injuries from being pinned between containers, struck by moving equipment like forklifts or cranes, or caught in machinery.
- Head injuries. These can range from mild concussions to severe traumatic brain injuries, caused by falling objects, hitting fixed objects, or accidents involving heavy equipment.
- Hearing loss. Constant exposure to loud noises from machinery, equipment, and ship engines can lead to temporary or permanent hearing damage.
- Repetitive stress injuries. Continuous repetitive motions required in handling tools, machinery, or cargo can lead to conditions like carpal tunnel syndrome or tendonitis.
- Drowning. Although less common, there is a risk of drowning or near-drowning incidents for workers involved in activities near or on the water.
- Chemical exposure. Handling or being exposed to hazardous substances and explosive materials can lead to burns, respiratory issues, or other chemical-related injuries.
- Heat stress and cold injuries. Working in extreme temperatures without proper protection or hydration can lead to heat stroke, heat exhaustion, hypothermia, or frostbite.
These injuries highlight the need for stringent safety measures, proper equipment, and thorough training to protect longshore workers from the various hazards they face daily.
Due to the complexity of these cases, it’s highly recommended that injured longshore workers seek the advice of an experienced workers’ compensation attorney to help determine whether applying for state or federal workers’ compensation benefits is in their best interest.
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