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Why is Time So Important When Dealing with the Workers Comp Claim Process?

workers comp claim

If you’ve recently been injured at work, then you’ve probably already started the workers comp claim process. If you reported your accident to your manager or Human Resources, you should be hearing something from the insurance company soon. The problem is that you have no idea if your workers comp claim is going to be approved. You may find out that you waited too long to file your claim. Or you may not have submitted the necessary information. 

There are several things that can go wrong between the moment you get hurt and the time your workers compensation order arrives. Rather than give the insurance adjuster an excuse to deny your workers comp claim, it’s a good idea to ask Charlotte workers compensation lawyers for help.

Our attorneys have been dealing with the insurance companies in Charlotte for years. We’re familiar with their tactics and know which workers comp claims they tend to deny, and which claims they tend to approve. Therefore, we always recommend that you come into the office and at least meet with an injury lawyer in Charlotte in the days following your workplace accident.

You Must Report Your Workplace Accident Immediately

It doesn’t matter where you work or what you do for a living – you must report your workplace accident immediately. Ideally, you’ll be able to report it to Human Resources. However, if they aren’t available, you can report your accident to your manager or supervisor. If you put someone with authority on notice, you should be covered. 

Just in case, you will also want to fill out an incident report. Every employer in North Carolina has a policy regarding workplace accidents and injuries. Part of this policy includes you filling out an incident report. This report will contain the details of your injury. It will also have the names of anyone who witnessed the accident. This information is useful not only for the insurance company, but also to your injury lawyer in Charlotte.

If you’re unable to prove that you reported the injury on time, you could run into problems when filing your workers comp claim. We always recommend that you have your manager or Human Resources Director sign off on the incident report and ask for a copy of the report. This way, you can prove that you put your employer on notice in a reasonable timeframe.

How Long Do You Have to Report Your Injury?

According to the laws in North Carolina, you have two years to sue your employer under workers compensation. This is what we call the statute of limitations. However, this does not mean you have two years to report your accident to your employer.

The way workers comp claims work in North Carolina is that you have thirty days to report your accident or injury to your employer. Once they receive your incident report, they’ll have five days to send the workers comp claim to the North Carolina Industrial Commission. If they fail to do this, you can urge the commission to decide the workers comp claim in your favor. However, it is very rare that an employer and their insurance company would fail to submit the paperwork on time.

Now you can see how confusing the timeline can be when it comes to workers comp in Charlotte. This is why it’s a good idea to call and speak to a Charlotte workers compensation lawyer sooner rather than later.

Charlotte workers compensation lawyers

What Happens if Your Workers Comp Claim is Denied – Can Your Lawyer File an Appeal?

If your workers comp claim has been denied, you do have options. The first thing you should do is file an appeal. Your injury lawyer in Charlotte can help you file an “Application for Review Form No. 44.” You only have fifteen days from the date of your denial letter to file this.

When you file this appeal form, you’ll need to indicate why you feel your workers comp claim should have been approved. You may have the option of submitting additional supporting information. Since your Charlotte workers compensation lawyer has handled dozens of these in the past, it’s in your best interest to let them assist you.

Believe it or not, if you don’t win your appeal and want to take things further, you can appeal the North Carolina Industrial Commission’s decision as well. To do this, you would have to petition the North Carolina Court of Appeals and ask them to hear your case. They have discretion to review or reject your petition. 

It all depends on whether you filed your workers comp claim in time and whether you submitted evidence in support of your position. Again, having a licensed injury lawyer in Charlotte will help in this situation. Not only do they know the law, but they are also familiar with the local judges.

Don’t Waste Any Time in Calling an Experienced Charlotte Workers Compensation Lawyer

If you suffered a workplace injury, you should call an experienced Charlotte workers compensation lawyer right away. If possible, you should call them on the way to the emergency room from work. There are so many small things that can go wrong with your workers comp claim. If you don’t file your claim in time, it’ll be denied. If you need to file suit and miss the North Carolina statute of limitations period, you’ll walk away with nothing. We want to try to help prevent these things from happening.

The only way we can do this is if you call us early in the process. Once you file your workers comp claim, all we can do is sit back and wait. It could be weeks before you get a final order from the North Carolina Industrial Commission. If we are involved at the beginning, we’ll make sure your workers comp claim is filed properly and on time. We’ll also make sure the insurance company and your employer don’t try to take advantage of you.

If you were hurt at work, you deserve to be compensated. There’s no reason why you should have to pay medical bills or lose wages because of a work-related injury. Call our office today and schedule your free, initial consultation with an injury lawyer in Charlotte right now.