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How to File a Workers’ Compensation Claim in NC

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 […]

Published on November 5, 2020
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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!

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Our attorneys have helped clients with legal support through workers’ compensation, Social Security Disability, personal injury, car accident claims, and more. Our clients know that we stand beside them when they are going through a difficult time. Read reviews from real clients, and if you had a positive experience with Daggett Shuler Law, please consider leaving a review.

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I would like to take time to thank the staff at Daggett Shuler Attorneys at Law. To Megan Youngblood for helping me get my disability started; thank you so much for everything!

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My experience with Daggett Shuler was amazing. James Cohn was the attorney I worked with for my workers’ compensation claim. He is an awesome attorney. I was injured while on the job performing my duties with a local company, and the next Monday was fired because they did not want to pay my medical bills. After going to Daggett Shuler they looked after me throughout the process. The Daggett Shuler team was outstanding in their professionalism and empathy.

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I was referred to Daggett Shuler by a family member and I’m glad they did! From the time I called to the time everything was settled, they made the whole process very easy They were very professional and handled my case very well. I’d recommend Daggett Shuler for anyone in need of this service.

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Noah Whittington

Outstanding Team

I was injured while on the job performing my duties with a local company, and the next Monday was fired because they did not want to pay my medical bills. After going to Daggett Shuler and being accepted for my claim, they took me in as family and looked after me throughout the process. The Daggett Shuler team was outstanding in their professionalism and empathy. David Daggett and Griff Shuler have put together an outstanding team.

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A wonderful law firm who personally takes care of your issues. Workers’ Comp can be a nightmare in so many ways so it is good to have an exceptional attorney with that experience guiding you through the process. Griff Shuler was my attorney and I couldn’t be more pleased with the way he handled my case.

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