How to File Workers Compensation Claims in Charlotte, NC

Aug 9, 2017

How to File Workers Compensation Claims in Charlotte, NC

When injuries occur on the job in Charlotte, North Carolina, workers can file a workers’ compensation (WC) claim with the North Carolina Industrial Commission. Charlotte WC involves filling out specific forms and submitting them to the Industrial Commission. If you’re injured at work, it is essential that you tell your employer of the injury immediately. You also must provide a written description to your employer within 30 days. In North Carolina, all companies who employee at least 3 people must provide workers’ compensation insurance to their employees. However, your employer can deny the Charlotte workers’ comp claim only for very specific reasons.

Charlotte Workers’ Comp Forms

To file a Charlotte workplace injury claim, fill out and submit a form to the North Carolina Industrial Commission. There are several different forms that are available on their website or in their offices.

  • Form 18 is where you start when you have a Charlotte WC claim. The Industrial Commission requires that you entirely complete this form and submit it to them after your on the job injury occurred.
  • Form 18B is for Charlotte workers’ compensation claims by an employee, representative, or dependent for lung disease. This includes asbestosis, silicosis, and byssinosis.
  • Form 18M is for an employee who wants to apply for Additional Medical Compensations. This applies to injury, accident, or occupational illnesses on or after July 5, 1994.

What Should I Do If I’m Injured on the Job in North Carolina?

The first thing you need to do following a work-related injury is to report your injury to your employer and seek medical treatment. It’s important to inform your healthcare professional that this injury is work related. Make sure they record information about the injury as well as the name of your employer so that they can bill treatment as a WC claim. Charlotte workers’ comp claims go through the North Carolina Industrial Commission.

Charlotte North Carolina workers' comp lawyer

File your workers’ compensation claim with help from Ted A. Greve & Associates, P.A.

As soon as possible, notify the manager or supervisor at your company about the injured from an accident related to your work. It’s best to personally report the injury if you are able. However, if serious medical conditions prevent you from informing your employer, have a friend, family member, or healthcare worker tell your employer about the injury.

You must also give a written notice to your employer within 30 days following the incident. The written statement only requires the date of the incident and a short description of the injury. Again, if you are physically unfit to write the letter, have a family member or friend send it to the employer for you. Be sure to keep a copy of the letter for your own records.

It is important to follow all of your doctors directions for medical treatment. The goal of the Charlotte workers’ compensation system is to make sure workers get the best medical care to restore them to their prior health and ability.

Workers’ Comp Filing Agency in North Carolina

The state of North Carolina has an agency called the North Carolina Industrial Commission. The State’s General Assembly created the agency in 1929 in accordance with the North Carolina Workers’ Compensation Act. Later on, in 1949, the General Assembly also granted the Industrial Commission the authority to oversee compliance with the Tort Claims Act.

According to the North Carolina Industrial Commission, they work to justly and efficiently administer these and other acts for the citizens of the state of North Carolina. The agency gives accurate, trustworthy, and effective claim filing services. They strive to resolve disputes quickly though mediation and in an administrative forum. The review the status of insurance coverage for employees who are eligible for workers’ comp. They work to resolve controversies through impartial and well-reasoned decisions. The agency tries to enable injured workers to find high-quality medical care and rehabilitation services.

Companies Required to Carry WC Insurance in Charlotte

All businesses that employ three or more people must obtain workers’ compensation insurance or qualify as self-insured when it comes to paying Charlotte WC benefits to their employees, as per The North Carolina Workers’ Compensation Act. Such businesses include:

  • Corporations
  • Limited Liability Companies
  • Partnerships
  • Sole Proprietorships

There are, of course, exceptions to this law. Certain railroads do not have to follow this requirement. Nor do households who hire domestic servants. The rule does not apply to casual employees who are not in the course of the profession, business, or trade. Certain farm workers and sellers of agricultural products are exempt. Exceptions to this requirement also include federal government employees living in North Carolina.

People who are themselves the sole proprietor, a member of an LLC, or a partner in a company do not necessarily count as employees when it comes to determining if there are three or more in the company. Likewise, certain North Carolina General Statutes will exempt directors, committee members or CEOs of nonprofit organizations from being automatically added to the employee count.

If you are a subcontractor or independent contractor, you may still be eligible for Charlotte WC payments. Companies who hire independent contractors are not necessarily exempt from liability under the Worker’s Compensation Act. Even if the company issues you a 1099 tax form, the Industrial Commission might still determine that they are liable if they treat workers like employees. The Commission will look at several factors such as the amount of control the employer exercised over your tasks and work details.

Employer Denies Charlotte Compensation Claim

Following your Charlotte WC claim, your employer might refuse to acknowledge liability for payment or compensation. To do so they must fill out a denial Form 61. In the form, employers must word the reason for the denial of liability in very specific terms. They have to detail the precise reason they won’t accept liability. The Employer must notify the employee and his or her attorney when they deny the claim.

If the insurance company denies the claim, then you can request a hearing before the North Carolina Industrial Commission by submitting the Request a Hearing Form 33. Your medical provider might bill you only if the Industrial Commission finally determines it is not a proper workers’ compensation claim.

Consult with a Charlotte Workers’ Compensation Lawyer

If you are unsure how to proceed with filing your workers’ comp claim, contact a personal injury attorney in  Charlotte NC for guidance. The experienced personal injury attorneys at Ted A. Greve & Associates, P.A. in Charlotte, North Carolina can help you better understand your claim and get the compensation you deserve.