Workers' Compensation Overview

The North Carolina Workers' Compensation System

Kenneth J. Duke, Attorney at Law

Workers' compensation is the system that provides injured workers an option to obtain lost wages and medical benefits after suffering a workplace injury. It is available to most injured workers, regardless of fault, as long as an injury occurred at work. North Carolina law requires most employers to carry insurance to provide workers' compensation benefits for injured workers.

For information about the workers' compensation process in North Carolina, contact our office in Durham today for a free consultation.

At the law office of Kenneth J. Duke, Attorney at Law, we represent those injured at work in North Carolina and who seek workers' compensation benefits. We provide clear and practical advice about the workers' compensation process.

A Bit of History

Before the workers' compensation program was established, if a person was injured on the job, the worker had to prove both that the injury resulted from employer negligence and that the worker was not also negligent. This meant that many people injured at work got no compensation for their injuries, because so many injuries result from accidents, in which no one is negligent.

Workers' Compensation — an Employer and Employee Compromise

Have you heard that you can't get money specifically for pain and suffering or emotional distress in a workers comp claim? That's true, because when creating the workers' compensation system, employers and employees made a compromise. In exchange for removing fault from the system, benefits were limited.

After the creation of the workers’ compensation system, when a person was injured on the job, he or she could claim lost wages and medical benefits whether anyone was negligent or not. However, in exchange for making it easier, in most cases, to prove a claim, the benefits that injured workers could get were limited to medical care and payments for lost earnings (or lost earning capacity).

Helping You Maximize the Limited Benefits of the Workers' Compensation System

At the law office of Kenneth J. Duke, we will help you navigate all stages of the workers' compensation process from initial application through your return to work or settlement. And although the system provides limited benefits, we strive to obtain highest amount of those benefits that we can.

For more information about this process, contact us today to schedule a free consultation with an experienced lawyer.

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