Filing A Workers’ Compensation Claim With Legal Guidance
If you were injured on the job or while performing any work for your employer, you are likely covered by North Carolina’s workers’ compensation system. However, you may be unsure how to go about filing a claim so that you can be compensated for your medical bills and lost income.
Under North Carolina law, you have certain rights, but there are several obligations that need to be met for your claim to be successful. The Wilmington workers’ compensation attorneys at David & Associates, Attorneys at Law, PLLC, are here to guide you through the process and help you work to get the benefits you need.
Notifying Your Employer About Your Injuries/Illness
To obtain workers’ compensation benefits after a job-related injury or illness, you must notify your employer in writing as soon as possible. In North Carolina, you only have 30 days from the date of the accident/injury to notify your employer. This timeline may be extended to 30 days from the date on which you discovered or reasonably should have discovered your injury/illness in some circumstances.
In most cases, you must notify your employer in writing. If you told a supervisor or another person about the injury, make a note of the date you told them, as well as what you said. You will still need to provide a written statement to your employer notifying them of your injury/illness, but having a record of the first time you notified a supervisor or similar party can be helpful to your case.
Reporting your accident in a timely manner is an important first step in ensuring that the state does not deny your claim. If you have missed the deadline, exceptions may apply; our experienced Wilmington workers’ compensation attorneys may be able to assist you.
Filing an Official Claim with the State
The other important action you must take after the accident or injury/illness is to provide written notice to the North Carolina Industrial Commission, preferably by filing Form 18. Again, you have a limited amount of time from the date of your injury to file this form, so it is always best to submit it as soon as possible.
In North Carolina, you have two years from the date of the accident/injury (or date on which you discovered or reasonably should have discovered the injury/illness) to file a claim with the state. This timeframe applies whether you were injured in a traumatic workplace accident or if a doctor has diagnosed you with an occupational disease.
You will need your employer’s insurance information to complete the form. You can obtain this information by asking your employer or by contacting the NCIC’s claims administration section.
Why You Need an Attorney
Although you are not required to work with an attorney when filing a workers’ compensation claim, having an experienced legal professional guide you through the process can make all the difference in the outcome of your case. Our firm can help ensure that all the necessary paperwork is filed correctly and on time. If you experience any issues, such as a dispute from your employer or early termination of your benefits, we can help you fight back.
Our Wilmington workers’ compensation attorneys can also assist you if your claim is denied. You may be able to appeal the denial and take additional steps to recover your benefits. Our firm can help you understand all of your legal options and guide you through the best course of action.
Put Over 120 Years of Combined Experience on Your Side
Navigating the workers’ compensation system here in North Carolina can be complex and stressful. At David & Associates, Attorneys at Law, PLLC, we can help you through the investigative process, make sure you receive the proper medical treatment, and assist you in working to collect all appropriate benefits and compensation.
Our lawyers understand how important it is that you receive your rightful benefits after a work-related injury or illness. We take every case seriously and will do everything we can to ensure the best possible outcome. We are available to take your call 24 hours a day, 7 days a week, and we provide Spanish-language services for non-English-speaking clients.