Types of Workers’ Comp Claims

When employees in North Carolina suffer an injury at work or develop an occupational illness, the state’s workers’ compensation system is supposed to help them get back on their feet. In practice, however, the system doesn’t always work as well as it should, leaving injured workers in a bind.

If you’ve been hurt and need help getting the benefits you’re entitled to, turn to the North Carolina workers’ compensation attorneys at Ward Black Law for help. Get a free case review today by calling or texting our office in Greensboro at (336) 333-2244, chatting with us live, or filling out a contact form.

What Is a Workers’ Compensation Claim?

According to the North Carolina Industrial Commission, most businesses with three or more employees are required to carry workers’ compensation insurance coverage in case an employee is injured on the job or develops an occupational illness.

Workers’ compensation benefits are a “no-fault” system in North Carolina. You can generally claim these benefits, regardless of who is responsible for your injuries, as long as you suffered an accident on the job and were injured as a result. To obtain these benefits, you’ll need to let your employer know you’ve been injured and file a claim with the state Industrial Commission.

Common Types of Workers’ Comp Claims

Here are a few of the most common types of injuries and accidents that can result in a workers’ compensation claim:

• Overexertion – One of the most common work-related injuries happens when someone puts more strain on his or her body than it can handle. For example, lifting heavy objects, twisting or rotating at an unnatural angle, or forcing a joint beyond its normal range of motion can all cause overexertion injuries. These injuries are most common in physically demanding industries like construction and factory work, but they can happen in almost any setting.
• Slips, trips, and falls – Wet surfaces, poor lighting, loose cords and wires, spilled liquids, and similar hazards can all lead to a slip-and-fall or trip-and-fall accident at work. Falls are common in big box stores and restaurants or bars, as these are businesses with frequent spills and slippery surfaces.
• Electrocution – A high-voltage shock can lead to burns, nerve damage, organ damage, brain injuries, and even cardiac arrest. Electrocution injuries can result from loose or frayed wires, malfunctioning or broken equipment, lightning, and similar hazards.
• Struck by or against objects – No matter what you do for a living, being struck by or pushed against a large, heavy object could lead to a severe injury. Common causes of these injuries include objects falling from shelves, machinery malfunctions, or employees slipping or tripping into an object.
• Transportation incidents – While some people may not think of motor vehicle accidents as a source of workplace injuries, they count if the accident happened within the course and scope of your employment. Emergency responders, truckers, and delivery drivers are at high risk for these kinds of workplace injuries, but they can happen to anyone if an employee or other drivers around them aren’t careful.
• Machinery accidents – Large, complex machines like manufacturing or construction equipment must be properly maintained to minimize the chance of employees being injured. Broken or poorly maintained equipment can cause injuries.
• Unintentional overdoses – Employees in the medical field and related industries can find themselves being unintentionally exposed to dangerous drugs, leading to an accidental overdose. The Bureau of Labor Statistics reports that from 2011-2018, unintentional overdose deaths rose by an average of 24 percent every year.
• Workplace violence – Some workers’ comp claims stem from physical assaults between co-workers. Workers may also face physical violence if they regularly interact with the public or work in the criminal justice system, for example.
• Exposure to harmful substances and environments – Noxious chemicals and other toxic substances in the workplace like asbestos, benzene and pesticides can lead to all kinds of injuries, from chemical burns to damage to the lungs and brain. If you work around dangerous chemicals or other hazards, make sure your employer provides appropriate protective gear.
• Fires or explosions – Fires and explosions in the workplace can be catastrophic, as they can lead to severe burns, hearing loss, damage to the lungs, brain injuries, shockwave damage, and other severe injuries.

When Should You File a Claim?

Generally speaking, it’s essential to file a workers’ compensation claim as soon as possible after sustaining an on-the-job injury or developing an occupational illness.

According to the North Carolina Industrial Commission (IC), you must generally submit a written notice of your injury to your employer within 30 days of your injury, and you must submit Form 18 to the IC within two years of your injury.

If you do not meet these deadlines, your claim could be denied, preventing you from getting the money you need to cover your medical bills, lost wages, and other expenses.

Filing a Workers’ Compensation Claim

Here are the basic steps to report a work-related injury and file a workers’ compensation claim in North Carolina:

1. As soon as possible after the accident, tell a supervisor at your job what happened and seek medical treatment.
2. When you see a doctor, let them know your injury was work-related so they can assist you with filling out the necessary medical paperwork to substantiate your claim.
3. You generally must give written notice about your injury to your employer within 30 days of your injury. If you cannot do this yourself because of the severity of your injuries, have a friend, family member, or co-worker do so for you.
4. Follow all of your doctor’s instructions as carefully as possible. Failing to do so could result in you having your benefits reduced or denied.
5. Submit Form 18 to the North Carolina Industrial Commission within two years of your injury.
6. Wait to hear if your claim was approved or denied. If it’s approved, you should start receiving payment checks fairly quickly. If your claim is denied, talk to a workers’ compensation lawyer right away.

Contact Our Experienced Greensboro Workers’ Comp Lawyers for Help Today

Our Greensboro workers’ compensation attorneys at Ward Black Law have the dedication, knowledge, and experience to help you seek your rightful benefits after a work-related injury. We are prepared to assist you with your initial claim and any necessary appeals should your claim be denied or undervalued.

Get a free case review by calling or texting our Greensboro office at (336) 333-2244, filling out our contact form, or chatting with us live today.