Considering to file a Mooresville Workers’ Compensation Dispute? As an employee, if you sustain an injury during the course/scope of your job, you can claim benefits under the workers’ compensation program. You can claim disability benefits and compensation for medical expenses and loss of wages. However, there are chances your employer may dispute your claim.
There’s a wide array of reasons an employer can deny dispute the claim. However, this doesn’t mean you have to give up your right to compensation. Even though you can’t file a lawsuit, you can still plead your case with the insurance company or North Carolina workers’ compensation board.
If you have been denied workers’ compensation benefits, this isn’t necessarily the end. Before you accept what your employer or the insurance company has to say, it is advisable to consult a skilled and knowledgeable workers’ compensation attorney about your Mooresville Workers’ Compensation Dispute. Our team of skilled lawyers at 1Charlotte will be able to help you appeal the claim and seek the benefits you deserve.
Call us today at (704) 706-2689
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The Most Common Reasons For Workers’ Compensation Claim Denials
Your workers’ compensation claim can be denied. The good news is that you can file for a Mooresville workers’ compensation dispute. Below are a list of the most common reasons your workers’ compensation claim is denied:
In some cases, employees who are legitimately injured at work delay filing a workers’ compensation claim, and by the time they get to do it, they get laid off or fired. Insurance companies don’t like claims that are filed after the employee has been fired. That’s because they automatically assume the claim is a revenge mission. This is another reason to claim as soon as the work-related injury occurs.
Outside the Scope of Employment
As the term suggests, workers’ compensation insurance only offers benefits for illnesses or injuries related to employment. Your employer may claim the injury happened outside the scope of employment. The cause of injury needs to be determined before the benefits can be paid. The injury may have occurred at work, but become attributed to varying reasons like a heart attack. This is where independent medical examinations help determine the cause of the injury.
Injured employees need to provide notice to their employers when they sustain a work-related injury or develop an illness. North Carolina employment laws establish a deadline whereby the employee must provide a notice like 30 days after sustaining an injury. If you don’t report illness within this set period, your employer has the right to deny the dispute.
In addition, employers can deny a workers’ compensation claim due to the state’s statute of limitations. This is the time limit where the injured worker has to bring forth a claim. The statute of limitations for workers’ compensation claims in North Carolina is four years.
An employer can also dispute your claim if you do not have enough evidence to support your injury or illness. Insurance companies will ask for medical records related to the injury as well as medical history. If you refuse to provide these documents to the insurance adjuster, your employer can use this to deny your claim.
How to File Mooresville Workers’ Compensation Dispute If Your Claim is Denied in North Carolina
If your employer or the insurance company denies your claim, you have a few options to seek justice. The first is using the formal judicial process. However, due to the complexity of the process, it is advisable to use an attorney. First, you need to file the complaint and the case prepared to be presented to the Hearing Officer. Some of the typical steps include:
- Gathering all known medical records
- Reading and understanding the records
- Determining what the medical professional will say
- Exchanging interrogatories
- Gathering other evidence, records, and information required to provide your claim.
Note that if you don’t agree with the hearing decision, you can ask the Commission for reconsideration. You have 20 days to appeal with a Mooresville workers’ compensation dispute.
Types of Workers Compensation Benefits
Workers’ compensation insurance covers employees in the following aspects:
Medical Care Coverage
Your employer and insurance company are responsible for paying the necessary medical care for any workplace injuries. Depending on the injury, the coverage should cover hospitalization, surgery, chronic pain management, physical therapy and other types of care associated with your medical care.
These are intended to compensate you for some of the wages you lose while your illness or injury makes it impossible for you to work. These can either be temporary, partial, or permanent. These are based on the amount you were earning before the injury, usually two-thirds of your wages.
There are various types of disputes and given how powerful insurance companies and employers can be, you have no way out. However, the law is there to protect your rights and 1Charlotte is here to guide you through the process of a Mooresville workers’ compensation dispute.
Hire A Workers’ Compensation Claim Lawyer Today To File A Mooresville Workers’ Compensation Dispute!
If you have sustained an injury or an illness during work, do not sit on your right to get compensation as well as medical benefits for the injuries. Contact our lawyers at 1Charlotte today at
(704) 706-2689 and get a free, no-obligation initial consultation.