Health Care

Filing a Workers’ Compensation Claim

filing-a-workers-compensation
Cardinal Law Partners March 18, 2021

If you have been injured at your job in North Carolina, it is important to file a workers’ compensation claim. While individuals can fill out accident reports for an employer and attempt to file claims for workers’ compensation benefits on their own, the best course of action is to immediately seek legal advice and/or legal representation.  Something like compensation for medical bills, disability checks due to lost time from work or a reduction in your wages, prescription and mileage reimbursements, and more is not something to leave to chance or attempt to seek on your own without knowing your legal rights and the legal actions you may be able to take in order to receive these benefits. 

Unfortunately, not all workers’ compensation claims go smoothly. That’s why you need a North Carolina Board Certified Workers’ Compensation Specialist on your side to protect you and your rights. Below, we’ll take a look at the North Carolina workers’ compensation claim process.

The Workers’ Compensation Claim Process Can Be Difficult

The process of filing a workers’ compensation claim and ultimately receiving the benefits you are entitled to receive based on your injury at work can be confusing and is, therefore, best handled by a North Carolina Board Certified Workers’ Compensation Specialist. 

Without having an attorney to represent you for your workers’ compensation claim, you may face having to handle the following items on your own:

  • Filling out and filing various forms with the North Carolina Industrial Commission.
  • Appearing for a recorded statement with the Insurance Company for the employer, with your responses to the questions asked potentially being the determining factor about whether or not the Insurance Company for the employer agrees to provide or denies workers’ compensation benefits.  
  • Communicate with insurance company claim adjusters, nurse case managers, doctors’ offices, your employer, and any other involved parties.
  • Appear for a trial or file Motions with the North Carolina Industrial Commission, should there be any dispute concerning the benefits you may be owed due to the injury at work.
  • And so much more!

When to Seek Legal Representation

While obtaining legal representation immediately upon being injured at work is recommended, an individual who does not choose to do so may later decide to seek the services of an attorney for the following reasons:

  • Representation for an upcoming workers’ compensation hearing before the North Carolina Industrial Commission.
  • The individual was injured due to the negligence of a third party.
  • Negotiations with the Insurance company for the employer.
  • Retaliation by an employer, because the individual is pursing a workers’ compensation claim.
  • The individual has a pre-existing condition.
  • Social Security Disability benefits may be necessary.
  • The individual is unable to return to work.
  • Lost wages, future/past medical bills, and other expenses are not appropriately covered by the Insurance company for the employer.
  • The Insurance company for the employer has hired an attorney to represent them.
  • Benefits were reduced or delayed for no good reason.
  • The workers’ compensation claim was disputed or denied.

Find an Experienced Worker’s Compensation Attorney

If you have been injured on the job and need an experienced workers’ compensation attorney, contact one of the North Carolina Board Certified Workers’ Compensation Specialists at Cardinal Law Partners. Discuss your case with us today and see how we can help. Contact us today for a free consultation.