Common Mistakes When Filing a Workers’ Compensation Claim

After a workplace injury or occupational illness in North Carolina, you may suffer painful symptoms and worry about how you’ll support yourself while you are unable to return to work. If you are an eligible employee, you may be entitled to workers’ compensation benefits by filing a claim with the North Carolina Industrial Commission (NCIC).

If you believe you may be eligible for workers’ compensation benefits, be aware of several common errors that could put your claim at risk. Below, the trusted team at Ward Black Law discusses some common workers’ comp filing mistakes and the steps you can take to help ensure your claim is filed correctly.

Call or text us today at (336) 333-2244 or contact us online for a free case review to learn more about your rights after a North Carolina work injury.

Common Mistakes When Filing a Workers’ Compensation Claim

The process of filing a workers’ compensation claim in North Carolina can be complex. A number of common mistakes could make it challenging to obtain the benefits you need, such as:

• Not seeking prompt medical attention – If you fail to seek medical attention promptly after your injury, you may end up worsening your condition through overexertion. Avoiding the doctor may also give the impression that you are not taking your health seriously, which could jeopardize your claim.
• Failing to notify your employer – North Carolina workers’ compensation law requires you to report your injury to your employer immediately or as soon as possible within 30 days of the incident. If you don’t, you may lose your right to claim benefits.
• Waiting too long to file a claim – You have two years from the date of your injury to file a claim with the NCIC. If you fail to submit your paperwork before this deadline expires, the NCIC will likely deny your claim.
• Not mentioning your pre-existing conditions – Make sure you let your doctor know about any pre-existing conditions, even if they seem unrelated to your injury. If you don’t, claims adjusters may assume you are intentionally withholding information and reject your claim.
• Failing to follow your doctor’s orders – If you miss any follow-up appointments or neglect to follow through on your doctor’s treatment recommendations, it could jeopardize your health and convey to other parties that you are not fully invested in your recovery.
• Returning to work too soon – Your health should be your top priority at all times. If your employer asks you to return to work doing a job that could put your health at risk, you have the right to appeal your employer’s request to the NCIC.
• Accepting benefits that are too low – If you receive an inaccurate disability rating from your doctor or accept benefits before you recover fully, you could lose out on the rightful compensation you deserve for your losses. Once you accept a settlement, you likely can’t go back and demand additional compensation later on.
• Not seeking help from an attorney – If you work with a seasoned workers’ comp attorney as early on as possible in the claims process, they can help you manage all of the above while you focus on your recovery.

How to File a Workers’ Comp Claim Correctly

To avoid preventable errors that could hurt your chances of obtaining the workers’ comp benefits you need, you should:

• Seek medical care as soon as possible – The most crucial step in any work injury situation is seeking prompt medical care as soon as you can. Keep in mind that your employer has the right to select your doctor. However, in certain emergencies, you can often seek treatment from the provider of your choice, as long as you promptly request retroactive approval from the Industrial Commission.
• Notify your employer within 30 days – Ideally, you should notify your employer of your work-related injury immediately. If it’s not possible to do so, make sure you report the injury within 30 days, both orally and in writing. Save a copy of the written report for your records.
• Make sure your claim is filed on time – Under North Carolina workers’ compensation law, you must generally file your claim within two years of the date when you first sustained your injury. To do so, fill out a copy of Form 18 or Form 18B, if necessary, and submit the completed form to the NCIC.
• Be completely honest with your doctor – When you seek medical treatment, let your doctor know about all of your symptoms and medical history, even if some of these details seem irrelevant. Even if you suffer from a pre-existing condition, you could still claim compensation if you can prove work-related factors worsened the condition.
• Follow through on your doctor’s recommendations – When your doctor prescribes you a particular treatment or course of medication, be sure to follow the recommendations as fully as possible. If they schedule any follow-up appointments, make sure you attend them. This will assist with your healing and support your workers’ compensation claim.
• Seek a second opinion, if necessary – If you suspect at any point that the doctor your employer assigned to you is ignoring your needs or minimizing your condition, it’s time to seek a second opinion. A professional diagnosis from another doctor could have a significant impact on the outcome of your claim.
• Request a hearing or file an appeal, if necessary – If your employer or their insurance provider denies your claim for any reason, you can request a hearing before the NCIC. If you disagree with the NCIC’s ruling after the hearing, you can pursue an appeal with the North Carolina Court of Appeals or even the state Supreme Court, if necessary.
• Work with a knowledgeable attorney – The sooner you seek help from an experienced workers’ comp attorney, the better. Your lawyer can help you seek the medical care you need, ensure your claim documents are submitted promptly, communicate with others on your behalf, and demand the full benefits you deserve.