It does not happen often, but Workers’ Compensation claims do get thrown out by the North Carolina Industrial Commission. Although injured workers have rights pursuant to the North Carolina Workers’ Compensation Act, they must be preserved.
The North Carolina Workers’ Compensation Act requires notices in a few key areas. Injured workers need to notify their employers within 30 days from the date of accident. You can skip this step if the employer already knows that a workplace injury has occurred. For example, he or she was the person who requested a medical response team.
Although this is a written notice, it does not necessarily need to be a formal incident report. An email, a text, or even a handwritten letter will suffice.
After informing your employer, don’t forget to notify the Industrial Commission of your workplace injury. The sooner this can be done, the better. The Industrial Commission prefers to be notified via a Form 18 within 30 days of the accident. Failing to meet the deadline may put one’s Workers’ Comp rights in jeopardy.
Completing Workers’ Compensation forms in a timely manner is important. Filing these forms accurately is also important to protect one’s Workers’ Comp rights. For instance, the North Carolina Industrial Commission Form 18 requires the claimant to list all injured body parts caused by the workplace accident. Wrong information may cause insurance carriers to pay out a sum that is less than what you need to seek treatment. Most injured workers only provide information on their most serious injuries; it is important to list the minor ones too as they may worsen over time.
It can be challenging to get Workers’ Compensation insurance companies to approve the claim and cover the costs of one’s medical treatments. Even if an injured worker is fortunate enough to have his or her claim accepted by the Workers’ Comp insurance carrier, the latter may develop a treatment plan that’s unfavorable to the claimant. For example, medical appointments may be scheduled at inconvenient timings or locations. Missing or forgetting medical and physical therapy appointments can have detrimental consequences on one’s Workers’ Compensation rights. Insurance companies may argue that the workers’ injuries are not severe enough to qualify for compensation.
If you are concerned about your Workers’ Compensation rights in North Carolina, don’t hesitate to reach out to Cardinal Law Partners. We take a personal interest in our clients’ claims and fight for all the benefits that are due. Call us (833) 444-4127 to get started.