If you have been injured on the job and your claim has been accepted by the insurance carrier, then you are entitled to receive a weekly check when your doctor has written you out of work due to your injury or given you work restrictions that your employer cannot accommodate. Pursuant to N.C. § 97-29, when an employee qualifies for total disability, the employer shall pay the injured employee a weekly compensation equal to sixty-six and two-thirds (66 2/3%) percent of his average weekly wage. This means you will receive a weekly compensation check until your doctor writes you back to work or your employer can accommodate your restrictions. This temporary total disability benefits check will not be taxed and your health insurance will not be taken out of this check. You will, therefore, need to make arrangements to pay your health insurance with your employer.  In the event that you owe child support and there is an order of garnishment, the weekly obligation will be taken from your disability check. 

When will I start receiving this weekly check?

There is a 7 day waiting period to qualify for workers’ compensation benefits. Pursuant to N.C. § 97-28, no compensation shall be allowed in the first seven calendar days of disability resulting from an injury. On the 8th calendar day you will qualify to receive the weekly compensation check and, in most cases, it will be paid to you the following week, just like a paycheck. If you are written out of work for more than 21 days then you will qualify to receive payment for the 7 day waiting period.

At Campbell & Associates, we realize that your bills do not stop piling up just because you get hurt on the job. We understand how important it is that our clients understand how and when disability benefits will be paid so that they can continue to pay their bills after their injury. If you or a loved one was injured on the job, call us today at 704-333-0885. Our experienced Workers’ Compensation attorneys are here to help you get life back on track. With convenient office locations in Charlotte, Hickory, Gastonia, Monroe and Rock Hill you’re just a short distance away from the help you deserve.

Call Today
704-333-0885

What You Should Do After a Boating Accident

Spending time with friends and family out on the water is a popular way to kick back and enjoy the beautiful Carolina weather. It’s hard not to turn the whole experience into a party. But the fun stops when someone gets hurt, and that is a risk each person takes when climbing aboard a vessel.

Boating accidents happen for a variety of different reasons, and many of those accidents result in injury or even death. Coast Guard reports counted more than 4,000 boating accidents in 2013; 560 of those were fatal, and 2,620 resulted in injuries. The accidents were costly, as well, with combined damages of $39 million to the boats or other property.

Responsibilities of Boat Operators

Just as car drivers are responsible for maintaining the safety of persons riding in their cars, a boat operator takes on a similar responsibility on a boat. The boat needs to be mechanically sound and safe to take out in open water. In addition to driving safely and responsibly, a boat operator also needs to make sure that the vessel is equipped with the necessary safety equipment before heading out on the water. This means there must be life jackets available for all passengers. The vast majority of boating accidents that result in serious injury or death happen to people who are not wearing life jackets. Boat operators also should have other safety equipment, including life rings to throw to passengers who have fallen off the boat, flares, a whistle and a fire extinguisher. They should also be in tune with weather expectations and their own limits as capable sailors, and they should not set out into something they aren’t confident they can handle.

What to Do If an Accident Happens

  • Tend to medical needs. Medical needs come first, whether they are cuts and scrapes or you need to get someone back into the boat who has fallen into the water. If a rescue is beyond your capabilities, signal for help. When the people on your own vessel are tended to, check with any other boats that were involved to make sure everyone is OK.
  • Contact the Coast Guard. In most cases, the U.S. Coast Guard should be notified. Move the boat off to the side away from other traffic, if possible. Once the Coast Guard arrives, a report should be filed. Federal law requires this if someone has been killed or has an injury where more than basic first aid is needed. The Coast Guard also needs to know if the boat or any property on the boat is damaged, if that damage is valued at $2,000 or more, if the vessel has been lost or destroyed, or if there is any person or vessel missing that would cause suspicion of a death or injury.
  • Take notes. While waiting for the Coast Guard, gather as much information about the accident as possible, and write down contact information for the boat operators involved as well as passengers and witnesses on shore. Get the registration and ID of vessels that were involved in the accident. Photos can also be taken to show damages or injuries. Any information you can provide can help your personal injury attorney build a stronger case.
  • See a doctor. When the dust settles, it is important to have a doctor look you over for any injuries you might not have noticed during the accident or its immediate aftermath. In many cases, people feel OK initially because the stress of the situation causes their adrenaline to kick in. As they settle back to their normal routine, the pain starts. Seeing a doctor gets you a professional opinion right away that can be more easily tied to the accident.

Things Not to Do

  • Don’t incriminate yourself. When people around you are injured, it is hard not to apologize, but for your own sake, you need to hold off on saying anything. Even if you suspect the accident was your fault, an investigation might bring up variables that you did not notice at the time.
  • Cash a settlement check. You’ll want to let your insurance company know about your accident after you talk to a lawyer, but if you are offered a settlement check don’t cash it.

Contact an injury attorney at Campbell and Associates for a free consultation in six convenient offices in North and South Carolina. We can dig beyond the immediate costs of medical bills and boat repair, and show where compensation is needed and deserved to cover lost wages, reduction in future earning potential, emotional distress, and pain and suffering. We’ll see that all these variables are considered when deciding on your final settlement.

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We Fight For Justice For Our Clients

We want to hear your story, so we can help.

If you have been injured on the job and your claim has been accepted by the insurance carrier, then you are entitled to receive a weekly check when your doctor has written you out of work due to your injury or given you work restrictions that your employer cannot accommodate. Pursuant to N.C. § 97-29, when an employee qualifies for total disability, the employer shall pay the injured employee a weekly compensation equal to sixty-six and two-thirds (66 2/3%) percent of his average weekly wage. This means you will receive a weekly compensation check until your doctor writes you back to work or your employer can accommodate your restrictions. This temporary total disability benefits check will not be taxed and your health insurance will not be taken out of this check. You will, therefore, need to make arrangements to pay your health insurance with your employer.  In the event that you owe child support and there is an order of garnishment, the weekly obligation will be taken from your disability check. 

When will I start receiving this weekly check?

There is a 7 day waiting period to qualify for workers’ compensation benefits. Pursuant to N.C. § 97-28, no compensation shall be allowed in the first seven calendar days of disability resulting from an injury. On the 8th calendar day you will qualify to receive the weekly compensation check and, in most cases, it will be paid to you the following week, just like a paycheck. If you are written out of work for more than 21 days then you will qualify to receive payment for the 7 day waiting period.

At Campbell & Associates, we realize that your bills do not stop piling up just because you get hurt on the job. We understand how important it is that our clients understand how and when disability benefits will be paid so that they can continue to pay their bills after their injury. If you or a loved one was injured on the job, call us today at 704-333-0885. Our experienced Workers’ Compensation attorneys are here to help you get life back on track. With convenient office locations in Charlotte, Hickory, Gastonia, Monroe and Rock Hill you’re just a short distance away from the help you deserve.

Call Today
704-333-0885