Workers’ compensation insurance is a type of policy that provides benefits to workers who get ill or sustain injury from a work-related cause. When an employee develops an occupational illness or gets injured on the job, it’s considered a workers’ comp injury and they are eligible to file a claim for benefits.
If the claim is approved, the worker can receive wage replacement, medical coverage, ongoing care costs, and other benefits following the injury. However, in order to get these benefits, both the employer and employee have to follow particular steps to make sure the injury is compensable.
The problem is that the Kannapolis workers’ compensation claims process is complicated due to the many parties involved including the employee, employer, healthcare provider, insurance company as well as the state’s workers’ compensation board. This is why it is often advisable to seek the assistance of a competent personal injury lawyer.
If you have developed an illness or sustained injury while at work, reach out to 1Charlotte to learn more about your legal options and protect your rights.
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How to Know Your Injury Will Be Covered By a Workers’ Comp Claim
Most injuries that happen during work are covered by workers’ compensation coverage including illnesses and accidents caused by exposure to job activities, equipment, and materials. As soon as you suffer an occupational injury that’s covered by the policy, you should take the necessary steps to file a claim, as time is of the essence.
Keep in mind that workers’ compensation in Kannapolis, North Carolina, generally does not cover the following:
- Self-inflicted injuries
- Stress and other psychiatric disorders
- Injuries sustained from horseplay or fighting
- Injuries sustained from violating company policies, while under the influence of alcohol or drugs and while committing a crime.
How Long Do I Have to File a Workers’ Comp Claim in North Carolina?
Different states have different statutes of limitations for filing a workers’ compensation claim. In North Carolina, you typically have two years from the date of injury to file a workers’ compensation injury claim.
Also, you have a deadline for notifying your employer about the injury or illness. In most cases, you need to notify them between 30-45 days of the injury. If you fail to do this, you risk jeopardizing your ability to receive workers’ compensation benefits.
The Kannapolis Workers’ Compensation Claims Process
Assuming that you have already received medical attention, the workers’ comp claim process involves a few important steps:
Notify Your Employer
Ensure you notify your employer regarding the injury within the set deadline, preferably right after sustaining the injury. As mentioned earlier, you have between 30 to 45 days in North Carolina to notify the employer about a work-related injury. It is advisable to report all job-related accidents, even if you do not suspect an injury, just in case it is discovered after the deadline.
As with any legal process, you should notify the employer in formal writing. Even if you provide a verbal notification first, you should provide a written follow-up detailing the nature of the injury, when, how, and where it happened. The sooner you do this, the more details you’ll be able to recall.
Chances are your employer will provide you with an official claim form as part of the workers’ comp claim process. If they don’t, however, you can request from the state’s workers’ compensation board. Generally, you’re required to provide the following information:
- Nature of injury and the affected body parts
- Date, time, & location of the injury
- How the accident happened
- The parties involved
- Any medical treatment you’ve received
File a Workers’ Comp Claim with the NC Industrial Commission
This is advisable even if your employer is aware of the illness or injury, or is covering your medical expenses. The last thing you want is to trust your employer to file a workers’ comp claim with the Industrial Commission on your behalf.
After the Claim
Most of the work is usually done after filling out the necessary workers’ comp claim paperwork. However, it is still important to follow up on the claim and ensure you keep detailed records. For example, keep a journal of how the injury or illness affects your day-to-day activities. Also, ensure you keep proof of any hardships caused by the injury as well as receipts for out-of-pocket expenses.
If your claim is denied, you will have the opportunity to appeal.
Get a Lawyer!
As mentioned earlier, dealing with complex legal issues can be stressful, especially after getting injured. The workers’ comp claim process is usually uneventful, but in some cases, it calls for the delicate touch of a reputable attorney. It is usually advisable to consult a workers’ compensation lawyer before filing your claim.
If you sustained an injury during work or lost a loved one due to the carelessness of another, you are eligible for workers’ compensation and 1Charlotte lawyers are here to help. Call our workers’ compensation lawyers today at 704.706.2689 for a free initial, no-obligation quote!