After a work injury, time is of the essence. The sooner you start the claims process, the better the outcome may be. There are strict time frames that must be adhered to, so it pays to have a good understanding of state-specific workers’ compensation laws and regulations.
Acting promptly helps protect your rights as an injured worker and ensures you can access benefits for medical expenses and lost income without unnecessary delay. Working quickly does not simply mean filing paperwork quickly; it also means seeking support from your employer, doctor, and lawyer in a timely manner.
Staying organized with all relevant documents can assist in expediting your claim and reaching a resolution faster.
Report Your Injury and Incident to Your Employer
If you’ve recently been injured in the workplace, it’s important to make sure that you report your injury and the incident to your employer as soon as possible. A clear, written account of what happened helps your employer understand the circumstances and take steps to prevent similar incidents for other workers.
Reporting promptly also helps ensure that your medical bills are addressed without unnecessary delays. Documenting everything accurately from the outset also reduces the risk of misunderstandings later in the claims process.
Seek Medical Attention and Document Your Injuries
After a workplace injury, getting proper medical care is your first priority. When you seek treatment, be sure to tell your healthcare provider that your injury is work-related and provide the name of your employer. This allows them to bill your treatment as a workers’ compensation claim rather than through personal health insurance.
Keep thorough records of every medical visit, diagnosis, prescribed treatment, and any out-of-pocket costs you incur. These records will serve as critical evidence when your claim is reviewed. However, filing the proper paperwork after an injury is critical to getting any potential compensation that you may be entitled to. It’s important to get the documents in writing immediately so there is an official record of your experience.
Remember, even if your injury heals quickly and you don’t end up needing compensation for lost wages or medical bills, filing the required paperwork correctly will ensure that any future issues are addressed accurately and promptly should they arise down the road.
Fill Out the Proper Paperwork to File Your Claim
Contacting your employer’s human resources department and gathering documents from your treating physician will assist in establishing the timeline around your incident and can help ensure that everything is properly filled out and filed before deadlines expire.
In North Carolina, injured workers must file Form 18 (Notice of Accident to Employer and Claim of Employee) with the North Carolina Industrial Commission within two years of the date of injury. This is a strict legal deadline; missing it typically results in the automatic forfeiture of your right to benefits.
Do not assume your employer has filed on your behalf, the employer files a separate Form 19 (Employer’s Report of Injury) in some cases, but you (the employee) are responsible for submitting Form 18 to officially establish your claim. Confirm that the necessary forms have been submitted to protect your rights.
Hire a Lawyer While the Employer Files the Form
Nothing is more frightening than suffering an injury at work. Dealing with the workers’ compensation system while recovering from an injury is challenging, and mistakes during the process can cost you significant benefits. One of the best steps you can take is to hire a lawyer as soon as possible, even before your employer has completed all of their paperwork about the accident.
An experienced work injury lawyer will know exactly how to handle your situation, helping you through the entire process and making sure that no potential legal remedies go unexplored. Do not go through this difficult time alone – instead, make sure you hire a lawyer who can guide you every step of the way!
Await the Decision From the Insurer
After suffering a work injury, it can be an extremely confusing and difficult time for the injured employee. After treatment has been received and a doctor’s assessment of the situation has been made, one of the next steps would be awaiting a decision from their insurer.
This will determine the level of coverage they need to make sure that all medical bills and any lost wages that may have come with their injury are taken care of. An approved claim provides financial stability during recovery, covering medical costs and replacing a portion of your lost income. In North Carolina, approved claims generally provide two-thirds (66 2/3%) of your average weekly wage for temporary total disability benefits, subject to a state-set maximum.
Appeal if the Claim is Denied
If your workers’ compensation claim has been denied, it is important to appeal the decision as quickly as possible. Good legal counsel can help you prepare an appeal that explains why your claim should be accepted. In most cases, the insurance company will review their original decision and may take additional evidence into account when making a second ruling.
It is important to get professional help with your appeal so that all necessary documents and information are included. In North Carolina, if your claim is denied, you may file a Form 33 (Request that Claim Be Assigned for Hearing) with the NC Industrial Commission to have your case heard before a Deputy Commissioner. If you are dissatisfied with that ruling, you may appeal further to the Full Commission and, if necessary, to the Court of Appeals.
Our team at Stewart Law Offices is ready to help you.