- August 19, 2022
If you or your loved one have been injured at work, you may have already started the workers compensation claim process. Once your Human Resources department submits your workers compensation claim, it can take up to two weeks to find out if you’ll receive medical care. The problem is that you don’t know ahead of time if your workers compensation claim will be approved. You may think your claim is strong. However, the insurance company has their own reasons for why they deny workers compensation claims. This is why it’s a good idea to contact a Charlotte workers compensation lawyer immediately after your workplace accident.
Depending on the reason for the denial, your personal injury attorney in Charlotte can help you file an appeal. For most of the reasons cited by the insurance adjuster, your attorney will have a good chance of getting you benefits. You want to make sure you can fix the issues with your workers compensation claim before you file your appeal. The North Carolina Industrial Commission is going to want to know why think your claim should be approved. Rather than give the insurance adjuster an excuse to deny your claim, it’s a good idea to call a Charlotte workers compensation lawyer.
Don’t Forget to Report Your Work-Related Injury the Day it Takes Place
It doesn’t matter where you work or what you do for a living – you must report your workplace accident immediately. Ideally, you’ll be able to report it to Human Resources. However, if they aren’t available, you can report your accident to your manager or supervisor. If you put someone with authority on notice, you should be covered.
Just in case, you will also want to fill out an incident report. Every employer in North Carolina has a policy regarding workplace accidents and injuries. Part of this policy includes you filling out an incident report. This report will contain the details of your injury. It will also have the names of anyone who witnessed the accident. This information is useful not only for the insurance company, but also to your injury lawyer in Charlotte.
If you’re unable to prove that you reported the injury on time, you could run into problems. We always recommend that you have your manager or Human Resources Director sign off on the incident report and ask for a copy of the report. This way, you can prove that you put your employer on notice in a reasonable timeframe.
How Long Do You Have to Report Your Injury?
The North Carolina statute of limitations dictates that you only have two years to sue your employer under workers compensation. This sounds like an awfully long time. However, it can take months to find out how serious your injuries are. For example, if you suffered burn injuries, the only thing you can do is wait it out. There really is no treatment for these injuries.
In North Carolina, you have thirty days to report your accident to your employer. You do this by submitting a company incident report. Once Human Resources receives your incident report, they’ll have five days to send the claim to the North Carolina Industrial Commission. If you miss this filing deadline, the court may dismiss your petition. If this is the case, it can be months before your hearing is scheduled. At least if you have an injury lawyer in Charlotte helping you, they’ll ensure that your workers compensation claim is handled properly. Your attorney demand for travel back and for yore
What Happens if Your Workers Compensation Claim is Denied – Can Your Injury Lawyer in Charlotte File and Appeal?
If the insurance company denied your workers compensation claim, you have options. First, make sure file an appeal. Your personal injury attorney in Charlotte can help you do this. Specifically, you’ll need to file an “Application for Review Form No. 44.” Since you only have fifteen days from the date of your denial letter to do this, there’s no time to waste.
When you fill out the form, make sure you check off the reason why your your claim should be approved. Make sure to send in any related paperwork that you missed the first time around. Your Charlotte workers compensation lawyer has handled dozens of cases like this before. Let them help.
Some of our clients are surprised that they can file an appeal with the North Carolina Industrial Commission. You’ll have to prove that something wasn’t done properly the first time around. If you wish to do this, simply file your petition and prepared order. If you don’t include this, your appeal could be denied.
Whether your claim is approved on appeal will depend on the evidence you submit. If you can prove that your injury was work-related, there’s a good chance your claim will be approved. Your attorney will review the facts surrounding your case and find out if it has any merit. It’s important to remember that you can submit as much evidence as you like. If your claim isn’t filed on time, then you’ll walk away with nothing.
Don’t Waste Any Time Calling an Experienced Personal Injury Attorney in Charlotte, North Carolina
If you suffered an accident at work, you need to call an experienced Charlotte workers compensation lawyer right away. In fact, if your injuries allow it, you should call on the way to the emergency room. Your employer will make sure you receive medical care immediately after your workplace accident.
You could make a minor mistake and it can jeopardize your claim. For example, if you don’t file your claim in a timely fashion, your claim will be denied. Or imagine that your attorney will need to file suit. If this is the case, you need to ensure you don’t the North Carolina statute of limitations period. Otherwise, you’ll walk away with nothing. Our goal is to avoid this happening.
The best way for us to assist you is for you to call us early in the process. If you you’re your workers comp claim before hiring a personal injury attorney in Charlotte, you’ll end up sitting and waiting for an answer. You typically won’t receive the final order from the North Carolina Industrial Commission for at least a couple of weeks.
If you hire us right from the start, we can make sure your claim is filed properly. We’ll also make sure your claim is filed on time. Finally, we’ll ensure that insurance adjuster doesn’t try to take advantage of you.
If you were hurt while on the job, you deserve compensation. You shouldn’t have to pay any out-of-pocket medical bills. It also isn’t fair that you should lose income because of a work-related injury. All you have to do is Call our office and schedule your free, initial consultation.
