Home » Law and Legal Articles » Employee Rights Threatened by New North Carolina Workers' Comp Law
Employee Rights Threatened by New North Carolina Workers' Comp Law
Under a new workers' compensation law, benefits for total disability are temporary and are limited to 500 weeks.
November 19, 2011 /Law and Legal PR News/ -- Employee Rights Threatened by New North Carolina Workers' Comp Law
The North Carolina Legislature revised the state's workers' compensation law this past legislative session. The changes have been praised by insurance agents and business owners statewide, largely because they severely limit injured workers' rights.
Law Limits Duration of Benefits Payments
Under the previous version of the law, employees who experienced total disability could draw workers' compensation benefits for as long as it took to for the employee to become well enough to return to work. If necessary, injured workers could draw benefits for the rest of their lives.
Under the new law, benefits for total disability are temporary and are limited to 500 weeks. Workers can qualify for permanent disability benefits only if they have suffered one of the following injuries:
-The loss of both hands, arms, feet, legs or eyes, or any two thereof
-Spinal injury resulting in severe paralysis
-Severe brain or head injury, as evidenced by severe and permanent neurological disorders or impairments to sensory or motor functions, communication or cerebral function
-Second- or third-degree burns to more than one-third of the worker's body
The new law does provide one bright spot for North Carolina workers -- it extends the duration of partial disability benefits from 300 to 500 weeks.
Law Limits Employee Choice and Privacy
Under the new law, employers can require employees to participate in vocational rehabilitation services to determine whether the employee can work in a new job. If employees refuse a job offer, even if that offer pays less than their pre-injury job, they will lose their workers' compensation benefits.
The law also gives the employer the right to communicate freely, both orally and in writing, with the employee's doctors and care providers. The employer, or the employer's attorney or insurance company, can ask the providers about any information "relevant" to the employee's injuries, including requesting medical records. The inquest is not limited to post-injury records. For example, if the employee is claiming back pain, the employer would have a right to look at every medical record that mentioned the employee's back. The employer does not need the employee's permission to make these inquiries, however, they to do have to inform the employee of all communication.
Employers now also have the right to require an autopsy of a dead worker's body.
Workers' Compensation Attorneys Fight for the Rights of the Injured
These are only a few of the many changes made to the North Carolina workers' compensation law. Injured workers need to be aware that their rights have changed. Now, it is even more important that injured workers have a skilled attorney to fight on their side. If you've been injured in a workplace accident, contact an experienced workers compensation attorney who can help you understand your rights.
Article provided by Crosswhite, Crosswhite, Ashley, Johnson & Allen, PLLC
Visit us at www.crosswhitelaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
FL Web Advantage
|
|
|
|
|
| LAW AND LEGAL ARCHIVE SEARCH |
|
|
| |
| SUBMIT LAW AND LEGAL NEWS |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us