If you got hurt on the job, filing a workers’ compensation claim can help you seek the benefits you’re entitled to under North Carolina law and give you some much-needed financial peace of mind while you recover. However, it’s crucial to avoid some common slip-ups that could jeopardize your claim.
Here’s a closer look at some mistakes that hurt a workers’ comp claim, why you should avoid them, and how you can deal with them if they happen.
Missing North Carolina’s 30-Day Written Notice Deadline
You generally must notify your employer of a workplace injury in writing within 30 days. Doing so establishes a record of when and how the injury happened, which can help prevent disputes later.
If you missed this deadline, don’t assume you don’t have a case. There may be facts that protect your claim, such as having a valid reason for the delay. Our experienced attorneys can help you review your options.
Failing to File Form 18 with the NC Industrial Commission
Telling your employer about your injury isn’t enough to protect your workers’ comp claim. You must also file Form 18 with the North Carolina Industrial Commission to formally start your claim and create an official record with the state.
Even if your employer filed their own report, that’s no substitute for your Form 18. If you haven’t filed it yet, we can help you take the next step.
Skipping Medical Appointments or Seeing an Unauthorized Doctor
Medical records are a key component of your workers’ comp claim. Your employer’s workers’ comp insurer will likely be looking for any excuse to argue that your injury isn’t serious or that your actions made it worse. You might give them that opportunity if you:
- Don’t seek prompt medical attention
- Miss scheduled appointments
- Stop your medical treatment early
- Ignore your doctor’s work or activity restrictions
You should also be careful about choosing your own doctor without approval. North Carolina employers may restrict their injured employees to a specific list of authorized medical providers.
Still, one missed appointment or mistake with treatment doesn’t automatically jeopardize your case. The team at Hardison & Cochran can help you explain what happened and work to protect your workers’ compensation benefits.
Giving a Recorded Statement to the Insurance Company
After a workplace injury, the insurance adjuster may ask you to give a recorded statement about what happened. You might feel like you have to answer right away, but be careful. The adjuster may ask questions that seem simple but are designed to challenge your claim later.
If you already gave a recorded statement, don’t panic. This is one of the most common workers’ comp claim mistakes. Our North Carolina workers’ compensation lawyers can review what you said, explain your rights, and help you respond to any issues that arise.
Posting About Your Injury on Social Media
Social media posts can create problems during a workers’ compensation case. Your employer’s insurance company may take your photos, comments, check-ins, or casual updates out of context and use them to question how badly you were hurt. Even a harmless post can cause confusion if it seems to conflict with your medical records.
However, don’t delete anything you’ve already posted without discussing your options with an experienced workers’ compensation attorney.
Returning to Work in Greensboro Before You Are Medically Cleared
While you may be under financial strain after a workplace accident, rushing your return to work risks jeopardizing both your recovery and your workers’ comp claim. If your doctor hasn’t cleared you to start working again, the insurance company may use your return as evidence of your ability to work. Or they may argue that returning to work too soon against medical advice made your condition worse.
Even if your employer pressures you to come back, your health should always come first. Discuss the situation with your doctor and your attorney to protect your claim and your right to benefits.
Assuming You Don’t Have a Valid Workers’ Comp Case
Many injured workers never file a claim under the assumption that they don’t qualify for workers’ comp benefits because they think the accident was partly their fault, their injury isn’t serious enough, or their employer won’t support their claim. This decision can cost you the benefits you may be entitled to receive under North Carolina law.
If you were hurt while doing your job, it’s worth speaking with a workers’ comp lawyer before deciding you don’t have a case.
Accepting a Claim Denial Without Consulting an Attorney
An insurer may deny your workers’ comp claim for a variety of reasons. For instance, they may:
- Dispute how the injury happened
- Question its relationship to your work
- Argue that you haven’t provided sufficient medical evidence to support your claim
But this doesn’t mean the process is over. You can challenge the denial through the North Carolina Industrial Commission to demand the benefits you’re entitled to.
Before you accept the insurance company’s decision, meet with us so we can review the denial. Our experienced workers’ comp attorneys can help you understand your options and pursue a path forward.
Talk to a Greensboro Workers’ Comp Attorney at Hardison & Cochran
If you’ve made a mistake when filing a workers’ comp claim in North Carolina, don’t panic. The team at Hardison & Cochran has over 40 years of experience supporting injured workers through the workers’ compensation system. We know how to address many of the most common errors people make during the claims process.
Our extensive track record in workplace injury cases includes multiple seven-figure recoveries, including $6.75 million for an injured delivery driver. As one satisfied client wrote of their experience with us:
“I was always explained everything in full detail. Prepared for and ready for every question and task that I need to have completed. I was not left out there to figure anything out for myself. If I had a question, I was given an answer. If I left a message someone called me back. If I sent an email, someone replied. I have been to other lawyers and this type of service is not always guaranteed. When you are stressed and need help this is the law firm to call.”
โ Lynette G.
The whole team at Hardison & Cochran is committed to meeting your needs throughout the workers’ compensation process. Contact us today to get started with a free consultation and discuss your case with a Greensboro workers’ compensation lawyer.
*Each case is unique, and past results do not guarantee future outcomes.
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