North Carolina Workers’ Compensation for
Leg Injuries

Learn if you qualify for workers’ comp benefits
and how to file a claim after a
leg injury at work in Charlotte

Leg injuries in the workplace can lead to severe and long-lasting repercussions, affecting not only your ability to perform your job but also your daily life and well-being. 

The aftermath of a serious leg injury often includes prolonged medical treatment, potential surgeries, and extensive rehabilitation, not to mention the financial strain due to medical bills and lost wages. In some cases, workers may be unable to return to their previous jobs or be left permanently disabled and unable to work in any capacity.

Fortunately, North Carolina workers may be entitled to workers’ compensation benefits, which provide financial assistance and medical care for those injured on the job. Understanding your rights and the benefits available is crucial for navigating the recovery process and ensuring that you receive the support you deserve following a workplace leg injury.

How common are leg injuries at work?

According to the U.S. Bureau of Labor Statistics (BLS), injuries to the lower extremities accounted for about 16% of all work injuries in 2020, with 192,340 injuries reported. Of these injuries, approximately 62,370 required treatment in emergency rooms or overnight stays in hospitals.

What are the most common leg injuries at work?

Many professions require expensive physical labor involving the legs, and unfortunately, that can make injuries more likely. Below are some of the most common leg injuries workers experience in North Carolina:

• Crush injuries. Heavy objects falling on the leg or getting caught in machinery can cause crush injuries, leading to severe damage to bones, muscles, and tissues and even amputations. These are especially serious for workers in high-risk fields like construction, agriculture, coal mining, and manufacturing.
• Fractures. Falls from heights or forceful impacts can cause broken bones in the legs, including the femur, tibia, fibula, and ankle. These injuries often require casts or surgery and can significantly impact workers who rely on mobility for their jobs, such as delivery drivers, roofers, and longshore workers.
• Strains and sprains. These are soft tissue injuries involving stretched or torn muscles, ligaments, or tendons. They can happen from slips and fall accidents, awkward twists, overexertion, or repetitive movements, impacting a wide range of workers, including warehouse workers, janitors, and health care workers.

Serious leg injuries often result in chronic pain, mobility issues, and a prolonged period of recovery.

Does NC workers’ comp cover leg injuries at work?

Yes, North Carolina workers’ compensation does cover leg injuries sustained at work. If the injury occurred in the course and scope of employment, the injured worker is typically entitled to benefits, which can include medical expenses, wage replacement, and rehabilitation services.

This coverage applies regardless of who was at fault for the injury, as long as it’s work-related.

However, it’s important to note that while North Carolina workers’ compensation law requires most employers with 3 or more employees to provide workers’ comp insurance to their workers,  independent contractors and certain agricultural, sawmill, and logging workers don’t qualify for benefits.

How much can you claim for a leg injury?

The compensation for a leg injury through workers’ compensation in North Carolina can vary significantly based on several factors, including the severity of the injury, the extent of the disability it causes, and the worker’s average weekly wage prior to the injury. 

Benefits typically include:

• Medical benefits. Coverage of all necessary medical treatment related to the leg injury, such as hospital visits, surgeries, physical therapy, and medications.
• Wage replacement benefits. If the injury results in time off work, the worker may receive disability benefits, typically two-thirds of their average weekly wage, while they’re unable to work, subject to state minimum and maximum limits. 
• Scheduled loss of use. If the leg injury results in permanent partial disability (like loss of a limb or loss of use), workers may receive compensation for a specified number of weeks, according to a schedule set by North Carolina law. For example, workers who lose a leg are entitled to two-thirds of their average weekly wages for a period of 200 weeks.
• Vocational rehabilitation. If the worker cannot return to their previous job due to the injury, they may be eligible for services to help them return to work in a new capacity.
• Death benefits. If a worker’s leg injury ultimately leads to their death, their dependents are entitled to compensation for lost income and funeral expenses.

It’s important for injured workers to consult with a workers’ compensation attorney to understand the full range of benefits they may be entitled to before accepting a settlement offer.

Does workers’ comp pay for time off for physical therapy in NC?

In North Carolina, workers’ compensation does cover the cost of physical therapy if it’s related to a work injury. However, the compensation for time off work due to physical therapy sessions depends on your employment status and capacity to work.

If you’re on partial or total disability due to your work injury, workers’ comp typically provides wage replacement benefits while you are unable to work and attending physical therapy.

On the other hand, if you’ve resumed your normal work schedule and want to leave your job for physical therapy appointments, your employer is not obligated under workers’ compensation laws to pay for the lost wages for the time spent attending these appointments.

The key is whether the therapy sessions are during work hours and if they’re considered part of your rehabilitation process while you’re deemed unable to perform your regular job duties due to the injury.

How do I file a claim for workers’ comp benefits after a leg injury?

If you sustain a leg injury at work in North Carolina, you should report the injury to your employer immediately, ensuring you provide details such as when, where, and how the injury occurred. North Carolina law requires that this notification be made in writing within 30 days of the incident. 

Next, you should seek medical treatment and inform the health care provider that your injury is work-related. 

Then, you’ll need to file a workers’ compensation claim by completing and submitting Form 18 to the North Carolina Industrial Commission (NCIC). This form should be filed as soon as possible, but no later than 2 years from the date of injury, to start the claims process. 

If you suffered a serious injury or your claim is denied, consider consulting with a workers’ compensation attorney to ensure your rights are protected and to maximize your chances of receiving all the benefits to which you are entitled.

Get help from an experienced Charlotte workers’ compensation attorney

At Wilder Pantazis Law Group, our dedicated team understands the challenges you’re facing after a serious leg injury at work.

Whether your case involves a catastrophic injury that requires long-term medical care or a permanent injury that prevents you from working, we know the ins and outs of North Carolina workers’ compensation laws and can handle negotiations with insurance companies to get you maximum compensation.

Contact our skilled Charlotte work injury attorneys for a free consultation, and let us help you focus on your recovery while we handle the legal details.

References

97-31. Schedule of injuries; rate and period of compensation. (n.d.). www.ic.nc.gov. Retrieved March 21, 2024, from https://www.ic.nc.gov/ncic/pages/statute/97-31.htm

Table EH1. Number of nonfatal occupational injuries and illnesses involving days away from work by selected worker and case characteristics and medical treatment facility visits, all U.S., private industry, 2020. (n.d.). Www.bls.gov. https://www.bls.gov/web/osh/cd_eh1.htm