Call Us 919-240-4054Latino construction workers in North Carolina face significant dangers, often performing some of the most hazardous jobs. Recent Data shows that Latino workers make up 27% of construction employees in the state but account for more than 60% of the fatalities on job sites. If you or someone you know is a Latino construction worker injured on the job, understanding your right to file a workers’ compensation claim is crucial.
Here’s a step-by-step guide to help Latino construction workers in North Carolina navigate the workers’ compensation process:
1. Know Your Rights
North Carolina law requires employers to provide workers’ compensation to employees who are injured on the job, regardless of immigration status. Whether you’re a documented or undocumented worker, if you’re injured while working, you have the legal right to file a claim. This system is designed to cover medical expenses and lost wages, ensuring that workers don’t bear the financial burden of workplace injuries.
2. Report the Injury Immediately
As soon as you’re injured, it’s essential to report the injury to your supervisor. Many Latino workers, especially those who recently immigrated, fear losing their job or being retaliated against for reporting an injury. However, failure to report the injury can result in a loss of benefits. Make sure to report it within 30 days to protect your rights.
3. Seek Medical Attention
Your health and safety come first. Go to a medical professional right away, and make sure the doctor knows this is a work-related injury. In North Carolina, your employer or their insurance company may direct you to a specific doctor, but in emergency situations, seek immediate care at the closest medical facility.
4. File a Workers’ Compensation Claim
To start the process, fill out Form 18, the “Notice of Accident to Employer and Claim of Employee.” This can be done through the North Carolina Industrial Commission (NCIC). It’s important to file the Form 18 within two years of the injury date–and ideally within 30 days. For many Latino workers, language barriers can make this step confusing. Seek help from someone who can translate or assist with paperwork. Our office has a Spanish speaking attorney who is board certified in workers compensation law and can assist you directly!
5. Document Everything
Keep records of your injury, medical visits, and any correspondence with your employer or insurance company. This documentation will be crucial if there are any disputes about your claim. If language barriers prevent clear communication, consider seeking legal help or assistance from advocacy groups like El Centro Hispano, which can provide resources to help workers navigate their rights.
6. Understand the Benefits You’re Entitled To
Workers’ compensation can cover:
- Medical treatments related to the injury
- Lost wages if you’re unable to work for more than seven days
- Compensation for permanent disability if the injury causes lasting damage
- Death benefits for families of workers who die on the job
7. Get Legal Help if Necessary
Some employers may deny valid claims or retaliate against workers for reporting injuries. If you face challenges, contacting a workers’ compensation attorney may help ensure your rights are protected. As mentioned in the article, Latino workers often take on the most dangerous jobs and deserve full protection under the law. If you’ve been injured, don’t hesitate to seek the compensation and medical care you’re entitled to. Johnson & Groninger has the expertise and language abilities to help Latino construction workers injured on the job and provides free consultations for all workers’ compensation claims.
8. Stay Informed and Advocate for Your Safety
Unfortunately, many Latino workers are put in unsafe situations due to lack of proper training or equipment. Under OSHA (Occupational Safety and Health Administration) regulations, your employer is responsible for providing safety gear and training. If your work environment is unsafe, report these conditions to OSHA. You can file a complaint without fear of retaliation, and OSHA provides services in Spanish for non-English speaking workers. Call 1-800-NC-LABOR (625-2267).
Conclusion
Latino construction workers face unique challenges on the job, but understanding how to file a workers’ compensation claim can help protect your rights and well-being. Let’s work together to ensure a safer future for all Latino construction workers in North Carolina.
If you suffered a construction injury, or any other kind of work injury, call a board-certified workers’ compensation lawyer at Johnson & Groninger PLLC at (919) 737-7897 or contact us online as soon as possible. We have three board-certified NC workers’ compensation attorneys – Valerie Johnson, Jennifer Segnere, and Drew Culler – which means we have undergone rigorous testing and vetting to earn our workers’ compensation law expertise. We’ll fight for your rights and work to help you obtain the compensation you deserve.