- March 25, 2022
Job accidents and injuries are prevalent in America, including North Carolina. When a work-related injury occurs, wounded workers can receive compensation from their employers. Workers’ compensation insurance covers their medical bills and part of their weekly wages. An excellent Charlotte workers’ compensation attorney can help you claim these benefits.
However, you must fulfill certain conditions before receiving your work-related injury comp benefits. For example, you should inform your employer of your injury. This injury notification begins the workers’ comp process. Therefore, not reporting your work-related injury and the wound can significantly affect your claim.
Suppose you didn’t tell your employer about your accident, it’ll be best to speak to a lawyer. An experienced attorney will know whether you’re still eligible for comp benefits, despite your default.
Must I Report My Charlotte Work Accident to My Employer?
Yes, you must notify your employer of all job accidents. This is primarily because North Carolina’s Workers’ Compensation Act mandates this notification. In addition, the law requires that you inform your employer of an accident immediately they occur. However, it isn’t always possible to make such early notifications.
In such cases, you can report the injury as soon as practicable. Furthermore, you must also notify your employer of your injury in writing. An oral notification wouldn’t suffice under the Act. Notably, too, you don’t have the right to file this notice whenever you like.
Instead, the law gives you a 30-day window for compliance. You must also provide this notification personally to your employer or their agents. Conversely, you can send a mail or letter to the employer’s last known residence or place of business.
Contents of a Charlotte Job Accident Notice
An injury notification in Charlotte, NC, has specific and mandatory content. So, you can’t just send a mere letter to your employer. Instead, a valid notice must contain:
- Your name and address
- The time, place, and nature of the accident
- The cause of the workplace accident
- Details of the resulting injury or death
Finally, you must sign this notice personally. However, where an injured employee dies, one or more of the deceased’s dependents can sign this notification. Defects or inaccuracies in these contents don’t extinguish your right to compensation, though. You can only lose your right to compensation where your employer shows that the accident was intentional.
What If I Don’t Report My Charlotte Workplace Accident?
Disregarding North Carolina’s injury notification law can bar your access to comp benefits. Firstly, you wouldn’t be entitled to medical bills or other accrued compensation before the notification, except you can show that your employer or their agents knew of your injury.
Different circumstances can prevent an employee from giving notification. They include:
- Physical or mental incapacity
- Deceit or fraud of a third party
In both cases, not reporting your injury wouldn’t work against you. However, suppose your default doesn’t fall into any of the above exceptions. Then, you may lose your right to compensation. Your only hope now is to provide a reasonable justification to the North Carolina Industrial Commission (NCIC). In addition, the Commission must see that your default didn’t prejudice your employer.
Who Can Report Your Work-Related Charlotte, NC, Injury?
Ideally, injured workers should notify their employers of any job accidents. Unfortunately, a wounded worker may be unable to file this report personally in some cases. This is usually where the employee sustains severe injuries and leaves to get medical attention.
Suppose they’re admitted to the hospital or too sick to move around. Then, they cannot personally report their injury. Therefore, an employee’s representative, such as a friend or family member, can notify their employer of the job accident and injury. This substituted reporting has the same effect as one filed by the injured worker. However, your friend or family member must also report the wound within thirty days.
Let the Best Charlotte Workers’ Compensation Attorneys Help You!
Have you sustained a work-related injury or occupational disease? If you have, you may be eligible for workers’ compensation benefits. You ordinarily don’t have to hire a workers’ comp attorney to get comp benefits. However, forgetting to report your wound can bar your access to compensation. Therefore, hiring an excellent Charlotte workers’ compensation lawyer will be best.
Our attorneys have dedicated their professional careers to helping injured employees. So, even though you didn’t report your injury, getting comp benefits may still be possible. If there’s a way to prove your eligibility, our work comp attorneys in Charlotte can find and prove it. So, call us today for a FREE consultation on your claim.
