3 Questions About Workers’ Compensation

3 Questions About Workers' CompensationWorkplace injuries can cause life changing disabilities. Read these 3 questions about workers’ compensation to learn how we can help you recover the compensation you deserve in North Carolina.

What should I do if I get injured at work?

The other day I had a client that called me from North Carolina, saying they wanted to know what to do. They had just gotten injured the day before at work. I told them they immediately needed to report that injury to their employer so that we could document that the injury actually occurred. I also mentioned to them that they needed to get medical attention so that the medical professionals could document the injury. You may even need to go to your own personal doctor to get this injury documented right away. You get the injury documented, for all of the injuries, starting from your head and working your way down to your toes. One reason you have to do this is because if you go to a company doctor, the company doctors aren’t going to be as helpful.

These are some of the things I think you need to do, and then call an attorney right away. It’s very important because there are some written notifications that you also have to do in North Carolina within 30 days, and I’ll be glad to help you with that. Feel free to call my office and we’ll help you in every way we can.

What if my employer refuses to file an accident report?

The other day someone called me, saying they were concerned that their employer was not even filing their claim. Their fear was a real one, and I had to ask them some questions. I asked them if the employer actually had them write out a statement. I asked them if the employer wrote a statement based on what they were telling the employer or when the employer was asking a series of questions, and then I asked them if somebody called them up over the telephone and asked them for a recorded statement. Once I got this information, I explained something that’s fundamental in North Carolina law. When you’re injured on the job in North Carolina, you have a responsibility to file your claim.

If you’ve been injured on the job in North Carolina, even though you’ve notified your employer, you need to file a written notice of injury, preferably a notice of injury on forms that the court, for people injured on the job, provides for employees to provide notice of injury in a legal way. Our office can assist you in filing these forms, and we can tell you that you have to file these forms within 30 days to make certain you perfect your claim.

If you’ve been injured on the job, don’t rely on or believe your employer is taking care of everything. Your employer doesn’t have to file anything. Often, they will act like they’ve filed your claim when, in reality, they haven’t filed anything. Your notice of injury has to be filed in the North Carolina Industrial Commission, and that’s in Raleigh. In fact, a lot of employers will file their notice of a reported injury and leave the employee to believe that that is perfecting their claim – it’s not. If you’ve been injured on the job, call our office and let us tell you how to file all these written notices to protect your rights, your future, and your family’s future.

Should I contact a lawyer about my injury even if I don’t lose time from work?

Just the other day in North Carolina, someone called me up that had had a serious injury, but the employer was still allowing them to work so that the employer wouldn’t have lost time. That person wanted to know why they need an attorney, if they’re still working. I had to explain to them that there’s a lot of pitfalls and a lot of bad things that can happen if you don’t know your rights. Even though you’re still working, you know you have a serious injury. If you have serious injury, at some point, the fallout from that injury is going to impact your ability to work. The employer is always looking to cut cost, even if it comes at your expense.

At some point, that employer or their workers’ comp carrier is going to make a move to cut you off of your benefits, whether you agree or not. This is why you need to contact an experienced North Carolina workers’ compensation attorney, even if you’re still at work. That attorney can begin to start planning for the day when the employer turns on you. I know that your employer may well have been good friends with you before you were hurt, but now you’re hurt and you can’t do for them what they need you to do, so they’re going to look at you differently, as difficult as that may feel.

An attorney that’s working on the case from the beginning is going to know how to stay two steps ahead of your employer to protect your rights and your family. If you’re still at work, don’t hesitate to call our office and let us help and begin to plan for the future if you know that your body has truly been hurt.

Could I get workers’ comp if my pre-existing injury was aggravated at work?

The other day, someone from North Carolina called me and wanted to know if they could get workers’ comp benefits after they had been injured on the job. They reported their injury to their employer and then they went to the doctor. They told the doctor they had injured the same shoulder ten years ago. The employer and the workers’ compensation carrier got a copy of the medical record and then sent a letter saying that they were denying the claim due to a pre-existing condition.

This is wrong. In North Carolina, if you have a material aggravation to a body part that has been injured before, but you were able to work, the employer cannot deny the claim on the basis of pre-existing condition. That’s an employer trick. If you are hearing things like that from the workers’ compensation carrier or the employer themselves, that’s a red flag that you need to contact an experienced North Carolina workers’ compensation attorney that can help you dig and get your case back on track and protect your rights, your right to future medical care, and the rights of your family that you are supporting.

Contact Our North Carolina Workers Compensation Lawyer

Were you or a loved one seriously injured at work in North Carolina and have more questions about workers’ compensation? Contact experienced North Carolina workers’ compensation lawyer H. Bright Lindler today for a free consultation and case evaluation.

We will fight for you and your family.

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