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6: What medical treatment will I receive?

7: How long will my medical treatment last?

8: Can I choose my own Doctor for my workers’ comp treatment?

9: What if I am denied medical treatment by my employer?

10: Who determines if I am entitled to receive workers’ compensation insurance?

In North Carolina who is required to be covered by Workers’ Comp Insurance?

With a few exceptions, almost any company in the state of North Carolina that employs three or more workers is required to provide workers compensation insurance.  Trucking companies and true independent contractors are exempt.
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Who qualifies as an Independent Contractor in North Carolina

An independent contractor is a person who has entered into an agreement with an employer with a written or oral contract to work independently of the company. This basically means the employer has less control over the work the contractor does.  A true independent contractor is usually not covered under workers’ compensation insurance.
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How do I file for Workers’ Comp Case in North Carolina?

You will first need to file Form 18 with the North Carolina Industrial Commission.  The Industrial Commission with then notifies your employer’s workers’ compensation insurance company you have filed a claim. You should also make a copy of form 18 and give it to your employer. Make sure you give a detailed description of what caused the accident and injury.
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If my workers’ comp case is denied, what do I do?

It is very common for the employer or the employer’s insurance company to deny you, even if your workers’ comp claim is valid. At this time your best recourse before filing an appeal would be to contact a board-certified workers’ compensation lawyer.
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Are there time limits for filing my workers’ compensation case?

Injured employees should file their injury by accident claim within 30 days of the injury.  There are other stipulations that should be discussed with a board-certified worker’ comp attorney
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What medical treatment will I receive?

Your employer and, or the workers’ comp insurance company will be responsible for paying for your medical treatment related to your work injury. You will only receive treatment for the injuries that are, directly related or consequential to the injury. 
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How long will my medical treatment last?

Your right to medical treatment ends two years after the last payment of medical or wage benefit replacements. This should be heavily considered when you are accepting the payment of a permanent partial disability rating. 
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Can I choose my own doctor for my workers’ comp medical treatment?

The employer and the insurance company have the first opportunity to choose the doctor who you receive medical treatment from. If can ask the Industrial Commission to change doctors, if you can demonstrate it will cure the injury, help reduce pain and or help you return to work. Injured workers may also ask for second opinions on their diagnosis with another doctor and for a second opinion with the doctor of their choosing. 
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What if I am denied medical treatment by my employer?

Often, employers or their insurance companies will refuse to authorize medical treatment that has been prescribed by the selected attending physician. If should happen a medical motion would need to be filed with the Industrial Commission asking them to approve treatment. 
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Who determines if I am entitled to receive workers’ compensation insurance?

As a general rule, the attending physician authorized by your employer or their insurance company will make that decision. If you disagree with the decision, the Industrial Commission will make the determination.
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