Greensboro Workers' Compensation Process

Injured at work in Greensboro? You’re probably entitled to workers’ compensation benefits. However, the Greensboro workers’ compensation process is complicated, and you shouldn’t try to represent yourself. One small misstep can disqualify you from getting the benefits you deserve.

Contact the Greensboro workers’ compensation lawyers of Hardison & Cochran today. You’ll get a free, no-risk consultation to discuss the process for a workers’ compensation claim and how we can help you secure the benefits you deserve.

Step 1 of the Process: Report Your Workplace Injury in Greensboro

If you’ve never been injured on the job before, you’ll naturally wonder how to claim workers’ comp in Greensboro. The first step is to report your injury to your employer. You should report your injury right away, but you have 30 days to report the injury. If you don’t give your employer notice within that time, you may become ineligible for workers’ compensation benefits.

You can report the injury in writing to your employer. Be sure to request a copy of your employer’s official accident report. The closer to the date of the accident that you report your injury, the less likely the insurer will be to deny your claim based on the injury occurring somewhere else or at some other time. Late notice also suggests that your injury wasn’t serious.

Step 2: Seek Medical Treatment and File Form 18 with the NC Industrial Commission

If you’re severely injured, seek emergency medical treatment from an emergency room right away. If your injuries are not life-threatening, ask your employer for the name of their designated medical provider (DMP). Unless you advised your employer before your injury that you would see another doctor, you must see the DMP for your medical care to be paid by workers’ compensation.

After receiving treatment, your next step is to file Form 18 with the North Carolina Industrial Commission. This form includes the following:

• Your personal and contact information
• Your employer’s contact information
• The date of your injury
• How the injury occurred
• Your job at the time of the injury
• Your weekly wage
• Other information the Commission requires

If you report the injury to your employer in writing and they accept the claim even if you don’t file a Form 18, you should still file one. You have two years from the date of the accident to file this form, but if you file it right away, you won’t have to worry about the deadline.

Step 3: Employer Investigation and Claim Acceptance or Denial

Your employer or their insurance company will investigate your claim. They may ask any witnesses to the accident what they saw. They may view the accident scene to determine how the accident occurred. If cameras at the accident location capture the incident, the employer will review the footage. They will probably also interview you about the accident.

Once they have completed their investigation, they will either accept or deny your claim.

Step 4: What Happens If Your Workers’ Compensation Claim Is Accepted?

You’ll receive a notification from the insurer or your employer when they accept or deny your claim. They have 14 days to let you know.

If you get a Form 60, that means your employer accepted your claim and will pay your authorized medical bills and a portion of your wages when you’re off work. They will send a Form 61 if they deny your claim. If you receive a Form 63, that means the employer will provisionally pay workers’ comp benefits, but they may terminate them after further investigation.

You should start receiving benefits right away if your claim was accepted. You’ll receive benefits until the injury is healed and you can return to work. Temporary total disability benefits, which are paid when you are completely off work, are paid at two-thirds of your pre-injury average weekly wage up to a state limit.

After you reach maximum medical improvement, or the point at which additional treatment won’t improve your condition, your doctor will assign an impairment rating. The duration of permanent partial disability benefits is calculated using a complex formula that takes your impairment rating into account. You get these benefits if you’ve injured a part of your body in a way that left you with permanent impairment. If you can never work again because of your work injury, you are entitled to permanent total benefits for life.

Step 5: Appealing a Denied Workers’ Compensation Claim in Greensboro

Workers’ compensation claims are frequently denied. The insurance company is more concerned with protecting its bottom line than with providing benefits, so it will take any opportunity to avoid having to pay. However, you are not without options.

First, you can have an attorney review your claim denial. Frequent reasons for denial include incomplete applications, failure to prove that the injury occurred at work, suspicions that your current symptoms are related to a pre-existing condition, or that the injury is not as serious as you claim. Your attorney can re-examine the evidence, gather more as needed, and contact the insurance company to convince them to accept your claim.

If the insurer still denies your claim, your lawyer can file a request for a hearing with the Industrial Commission. Your lawyer can represent you in the mandatory mediation that follows a Form 33 request for hearing. They can also present a compelling case on your behalf before the Commission.

If you don’t get a favorable decision from the Deputy Commission, you have 15 days after the date of the decision to request the Full Commission to review the decision. Your lawyer can handle the request for review and present your case before the Commission.

Common Mistakes That Jeopardize Greensboro Workers’ Compensation Claims

One of the most important reasons to hire a skilled Greensboro workers’ compensation lawyer is to prevent you from making mistakes that could derail your claim if you try to handle it yourself. The following mistakes can cause delays in getting the benefits you need and, in some cases, get your claim denied altogether:

• Failing to Document the Injury — After your injury, write down what happened as soon as you can. A detailed report right after the accident can help you remember what occurred in the weeks and months that follow, even after you’re repeatedly questioned about it.
• Failing to Report Your Injury Right Away — The longer you wait to report your injury, the more likely the insurer will be to deny your claim. And if you wait more than 30 days, you could make yourself ineligible for benefits.
• Failing to Get Medical Care Immediately — Even if you feel fine, you should get a medical examination right away. Seeing a healthcare provider right after the accident means they will create a medical record. That record can create a link between your work accident and the injury. Waiting for treatment makes it seem as if your injury is not serious.
• Failing to File Your Claim on Time — If you miss the deadline for filing your claim, you may become ineligible for workers’ compensation benefits.
• Exaggerating or Lying About Your Injuries — No matter how tempting it may be, you must not exaggerate the severity of your symptoms. Diagnostic testing may reveal that the symptoms you claim are not possible, which could cast doubt on your entire claim. Be honest and direct when describing the accident, your injury, and your symptoms.
• Understating Your Injuries — Equally as damaging is understating your injuries. When the doctor asks how you are, don’t tell them you’re “fine.” The medical records the doctor creates will influence the benefits you receive. Be honest.
• Giving a Recorded Statement to the Insurance Company — Similarly, giving a recorded statement to a representative from the insurer can harm your case. Their scripted questions are meant to solicit answers from you that they can use against you. Refer the representative to your lawyer.
• Failing to Hire a Lawyer — Although filing a workers’ compensation claim to get the benefits you’re entitled to when you’re hurt while doing your job should be straightforward, it is not. You need a lawyer who can fight for the benefits you deserve while you tend to your injuries.

Contact Hardison & Cochran | Injury & Workers Comp Lawyers to Guide You Through the Workers’ Comp Process

After you’ve been injured on the job, you need an experienced Greensboro workers’ compensation lawyer like the ones at Hardison & Cochran. For more than 40 years, we’ve been representing injured workers in Greensboro and throughout North Carolina, fighting for the benefits they deserve. We have recovered millions of dollars for our clients in that time.

When you work with our law firm, you’ll get reputable lawyers who are dedicated to giving you the personal attention you deserve. We’ll represent you with integrity and skill: four of our attorneys are North Carolina Board-Certified Specialists in Workers’ Compensation law. We will put your needs first. Our past clients have left kind words about their experiences with our firm that you can review on our Testimonials page.

Don’t try to handle your case yourself and leave yourself open to critical mistakes that would ruin your workers’ comp claim. Contact Hardison & Cochran | Injury & Workers Comp Lawyers today for your free, fully confidential consultation.