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How to File a Workers’ Compensation Claim in NC

November 5th, 2020 Workers Comp
person-with-knee-injury

Suffering an injury while on the job can be an overwhelming and complicated experience. While you are dealing with an injury, with obtaining the right medical treatment, and quite possibly with an inability to perform your  job, you must also contend with filing a workers’ compensation claim in order to protect  your benefits for your injuries.

Steps to Take

When you have been injured on the job in North Carolina, there are two initial steps you must take:

  1. Provide written notice of your injury or illness to your employer as soon as possible and definitely within thirty days of your injury; and
  2. File a North Carolina Workers’ Compensation Claim with the North Carolina Industrial Commission.

It’s extremely important that you take these steps regardless of whether or not your employer is paying for your medical treatment. You should never rely upon your employer to file the claim on your behalf because it is your responsibility.

Meeting Requirements

There are certain requirements regarding how you give notice and how you file a workers’ compensation claim. Far too often, valid workers’ compensation claims are denied simply because the  injured worker failed to provide timely, written notice to his or her employer within thirty days or failed to file the claim properly within the allotted amount of time with the North Carolina Industrial Commission.

The employee must provide written notice to their employer within thirty days of the injury.   In addition, when you are injured in an accident, you must file your official claim with the  Industrial Commission within a period of two years from the date of your injury. Filing a Form 18  with the NC Industrial Commission within thirty days of your injury and sending a copy to your employer can help to ensure that you meet both of these requirements.

However, injured workers should always consult an experienced workers’ compensation attorney before filing a Form 18 with the Industrial Commission.  If the Form 18 claim document is not filed properly or is not completed with accurate information, then it may impact your claim and your possible entitlement to benefits and the medical treatment you need in the future.

Injuries by Accident

One critical point to note is that since NC workers’ compensation generally only provides coverage for injuries that occur by accident, it is important to be aware of how you describe your injury on the form.  This is one reason why you need to contact an experienced workers’ compensation law firm immediately.

Once your claim has been submitted,  the employer’s insurance carrier will either accept or deny the claim. If it is accepted, you  may begin to receive benefits, but if  the claim is denied, you have the right to request a hearing before a judge of the Industrial Commission.

There’s no doubt that filing for workers’ compensation can be a complicated process. Since a simple error can cause your  claim to be denied, it’s so important to hire a board-certified workers’ compensation attorney who can help to ensure that your  claim is properly completed and submitted.

An Experienced North Carolina Workers’ Compensation Attorney Can Help

If you have been injured on the job, you may be entitled to receive workers’ compensation benefits and medical treatment at the expense of the insurance carrier. The experienced Workers’ Compensation Attorneys at Daggett Shuler can help you to receive what you deserve. Let us help you to move forward. Call us at 336-724-1234 today!

Daggett Shuler Law – You Can Depend on Us

 

I was injured in an automobile accident and there were only three weeks left until the statute of limitations would expire (three years) when I called Daggett Shuler . To my surprise they took over and represented me in both personal injury and workers’ compensation cases. I absolutely could not be more satisfied with the Daggett Shuler law firm and the results. I would like to personally thank Attorney Michael Clark, Rana, Attorney James Cohn, Crystal, and the staff who were so helpful. If it were possible, I would give them 10 stars! They are very professional and friendly with the utmost integrity. Thank you!

Phillip Glass