North Carolina state law requires that employees who are entitled to Workers’ Compensation benefits get prompt payment. After the employer admits that the worker is entitled to compensation, the first payment is due within 14 days after the employer gets written notice or actual notice of the injury or that the worker has died. With payment, the insurer making the payment should complete the state-approved form and give a copy to the employee. Any changes in pay such as a modification, suspension, or reinstatement also require notice to the Worker’s Compensation Commission and the employee.
If the employer denies the claim, then the employer also has to notify to Commission and the employee within 14 days from notice of death or injury – unless the Commission grants more time.
Sometimes, the employer isn’t sure. The law allows the employer to make the payments while preserving its right to contest the payments provided the necessary forms are completed. Generally, the employer has 90 days to decide whether to formally contest the claim or accept the claim.
When there is an award of payment, the employer needs to make the first payment within 10 days of the time to appeal the award. If the time to appeal is waived, then payment is due within 10 days.
Employers and their insurance carriers who fail to pay on time will be subject to a 10% penalty for any amounts that are due and owing. Medical bills that aren’t paid on a timely basis are also subject to a 10% penalty.
Attorney Joe Miller at Joe Miller Law, Ltd., helps employees pursue the full workers’ compensation benefits they need. When there’s delay he demands that the insurance company pay the state-imposed penalty. He has over a quarter century of experience helping North Carolina workplace accident and illness victims. If you’ve been hurt on the job or a family member was tragically killed, you need legal assistance; a lawyer who will fight for you. For the help you need, contact Joe Miller at Joe Miller Law, Ltd., by calling (888) 694-1671