Injured on the Job as a Nurse or CNA? Know Your Workers’ Compensation Rights in North Carolina
Nurses and CNAs face significant risks of workplace injuries. Learn about your North Carolina workers’ compensation rights, available benefits, and what to do after a work injury.
Nurses and Certified Nursing Assistants (CNAs) spend their work days caring for others. But unfortunately, the physical and emotional demands of healthcare work can also put them at uniquely significant risks of workplace injuries.
Lifting and repositioning patients, assisting with mobility, responding to emergencies, working long shifts, and dealing with fast-paced environments can all take a toll on a nurse’s health, well-being, and ability to work. Work injuries can happen suddenly or develop gradually over time.
If you are a nurse or CNA who has been injured at work, you may be entitled to workers’ compensation benefits under North Carolina law and may be able to receive a lump sum settlement.
Common Injuries Nurses and CNAs Face
Healthcare workers can experience many different types of job-related injuries, including:
- Back, neck, and shoulder injuries from lifting, transferring, or repositioning patients
- Slip-and-fall injuries caused by wet floors, clutter, cords, or other hazards
- Needlestick injuries and potential exposure to bloodborne illnesses
- Injuries from combative or confused patients, including being struck, pushed, or bitten
- Knee injuries and arm injuries from falling patients.
Not every workplace injury happens during a single incident. Conditions such as carpal tunnel syndrome may develop gradually and can potentially qualify for workers’ compensation when they are caused by repetitive trauma while on your job.
What Workers’ Compensation Benefits May Be Available?
North Carolina workers’ compensation can provide important financial and medical support after a work-related injury.
Depending on your circumstances, benefits may include:
Medical Treatment: Workers’ compensation may cover reasonable and necessary care related to your injury, including doctor visits, diagnostic testing like an MRI, surgery, physical therapy, prescriptions, medical equipment and even mileage reimbursement.
Wage Replacement Benefits: If your injury prevents you from working or limits your ability to earn your normal average weekly wages, you may qualify for wage replacement benefits in the form of temporary total disability benefits or temporary partial disability benefits.
Permanent Partial Disability Benefits: A serious injury that leaves you with permanent impairment may qualify for additional benefits.
Vocational Rehabilitation and Education Expenses: If you cannot return to your previous nursing or CNA position, vocational rehabilitation and additional education may help you transition into other suitable employment.
Lump Sum Settlement: Depending on the circumstances of your claim, an attorney may be able to negotiate a full and final settlement of your case if that is in your best interests.
Your Rights After a Workplace Injury
Workers’ compensation is generally a no-fault system. You typically do not have to prove that your employer was negligent to receive benefits for a qualifying work-related injury.
You also have important rights, including the right to:
- Receive necessary medical treatment
- Receive wage replacement benefits when you qualify
- Challenge a denied, delayed, or terminated claim
- Seek legal representation
- Report a workplace injury without unlawful retaliation
Unfortunately, nurses and CNAs may still encounter disputes with employers or insurance companies. A claim might be questioned because an insurer says an injury was pre-existing, disputes whether a repetitive injury is work-related, or pressures an employee to return before they are medically ready. Many claims are wrongly denied because the insurance company decides that the injury did not occur as a result of an “accident”.
What Should You Do After a Work Injury?
If you are injured while working as a nurse or CNA, taking the right steps early can help protect both your health and your workers’ compensation claim.
- Report the injury. Notify your supervisor or employer as soon as possible and explain what happened. It is important to provide written notice of your injury within 30 days of the accident.
- Get medical attention. Follow your employer or workers’ compensation carrier’s instructions regarding authorized medical care.
- Follow your doctor’s restrictions. Do not ignore medical restrictions or treatment recommendations.
- Document everything. Keep records of your symptoms, medical appointments, missed work, communications with your employer, and correspondence from the insurance company.
- Speak with a workers’ compensation attorney for free. If your claim is denied, delayed, disputed, you are being pressured to return to work too soon, or you want to ensure a fair recovery, an experienced workers’ compensation attorney can help protect your rights. Initial consultations at Daggett Shuler are always free. If you are written completely out of work or have surgery as a result of your work related injury, then seeking legal representation can be vital to protecting your claim.
How Daggett Shuler Helps Injured Nurses and CNAs
At Daggett Shuler, we understand that a workplace injury can affect much more than your ability to work. It can affect your health, income, career, and future. Our workers’ compensation team helps injured nurses and CNAs navigate the claims process, communicate with employers and insurance companies, address denied or delayed benefits, and pursue the compensation available under North Carolina law. Many times, your workers’ compensation checks are either delayed or the wrong amount.
The firm’s workers’ compensation team is led by Griff Shuler, a Board-Certified Specialist in Workers’ Compensation Law.
If you are a nurse, CNA, or other healthcare worker who has been injured on the job, you do not have to navigate the workers’ compensation system alone.
Contact Daggett Shuler today for a free consultation at (336) 724-1234. There is no upfront cost to speak with the firm, and we don’t get paid until we help get money for you. We want you to focus on your recovery while our experienced attorneys work to protect your rights.
