Filing a Workers’ Compensation Claim
Do I need a workers' compensation lawyer?
DON'T LOSE YOUR RIGHTS - FIND OUT HOW
Filing a workers' compensation claim is similar to filing other types of insurance claims. A claim is a request to an insurance carrier for benefits provided under the employer's workers' compensation insurance policy, according to the laws of the governing state. However, the filing of a workers' compensation claim is unique in terms of the procedures and rights involved.
In North Carolina, one of the first steps an injured employee should take in most instances is filing a Form 18 with the North Carolina Industrial Commission: "Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for Workers' Compensation Benefits." Your employer must file a Form 19, "Employer's Report of Employee's Injury or Occupational Disease."
NC workers' comp claims must be filed within two years of the date of the injury or occupational disease.
A Denial Might Not Be the End of Your Case
If a claim for compensation is denied or otherwise not formally accepted as compensable by the workers' compensation insurance carrier, an injured worker has the right to seek to enforce his employer's liability. A workers' compensation lawyer may help an employee in this situation. These rights are guaranteed under the North Carolina Workers' Compensation Act. In order to secure these rights, an employee must file a request for a hearing before the North Carolina Industrial Commission against his employer's workers' compensation carrier.
This request for a hearing is not a civil lawsuit filed against the worker's employer, but a workers' compensation claim filed against the insurance company for coverage that must be provided under the law. A workers' compensation attorney can represent you at this hearing.
Of course, you can retain a workers' compensation attorney even if you don't need a hearing. The advice and counsel of an experienced workers' compensation lawyer can be of great value in determining whether you are entitled to benefits and ensuring that you receive those benefits. If you have been injured on the job in North Carolina, contact us now.
Frequently Asked Questions About Workers' Compensation Cases:
- There are a lot of claim forms. Does my workers' comp attorney file those?
- Can a workers' compensation lawyer help me secure death benefits?
- What are "temporary partial disability" benefits?
- I still need medical treatment for my injuries but I'm worried about bills piling up. What do I do?
- Can I apply for Social Security benefits in addition to my workers' compensation benefits?
- I've been offered a "compromise settlement agreement." What does this mean?
- I was driving a company vehicle. Is this a workers' compensation claim or a car accident claim?
- My workers' compensation claim was denied! What can I do now? How can a lawyer help me?
A workers’ compensation lawyer may be able to help you with:
Denied Injury Claims
A notice of denial of job injury benefits does not have to be a dead-end situation if you hire experienced legal counsel. A lawyer may be able to help you get past this roadblock.
Disability Benefits
If your job injury has left you disabled, determining the extent of your benefits can be complicated without an experienced workers’ comp attorney.
Getting More Treatment
A workers’ compensation lawyer may be able to assist you to file a motion to obtain further treatment options.
Negotiating Settlement Agreements
A “compromise settlement agreement” or “clincher” should contain careful protection of the employee’s rights.
Social Security Disability Benefit Claims
Social Security Disability benefits may impact your workers’ compensation claim. A workers’ compensation lawyer can help you understand the benefits of each system and your rights.
Experienced Representation
Our workers’ comp team includes two certified workers’ compensation specialists and four attorneys who previously worked at the North Carolina Industrial Commission.
