Filing a Workers’ Compensation Claim Correctly
Being injured while on the job can be devastating both physically and emotionally. After you seek medical attention and notify your employer, it’s important to also remember that you need to take the correct steps when filing your workers’ compensation claim. While this can be a very overwhelming time for you, you don’t have to go through it alone. Our workers’ compensation attorneys are here to make sure you know just what to do.
Following these steps when filling out your workers’ compensation claim is essential in making sure you receive the maximum amount of financial compensation for your injuries.
Filing with NC Industrial Commission
In North Carolina, workers that are hurt on the job have a responsibility to notify their employer as well as file a workers’ compensation claim with the North Carolina Industrial Commission. Even if your employer is paying for your medical treatment or knows about your injury, failing to make a formal claim with the NC Industrial Commission could damage your chance of receiving the maximum compensation for your injuries.
It’s extremely important to be diligent about filing your claim, as you only have a short time period to file a claim or you risk losing the opportunity forever. Workers injured in an accident on the job must file a claim within two years of the date when the injury was initially sustained. If your employer paid for medical treatment, then this timeline extends to two years from when the last medical treatment was paid for.
After an accident at work, you have thirty days to report the injury to your employer, although you should try to do it immediately. The easiest way to do this is to file a Form 18 Notice of Accident with the NC Industrial Commission. If you missed the thirty-day deadline, you may still be able to file a claim with the help of a workers’ compensation attorney.
Workers’ compensation in North Carolina only covers injuries by accident, so keep that in mind when filling out your Form 18 Notice of Accident. If you weren’t injured because of an accident, your case can get denied.
If you are filing a claim for an occupational disease, you have two years from whichever occurred last: the date you are advised by a doctor that you have a work-related disease or the date you are initially disabled.
Filing a Workers’ Comp Claim in South Carolina
If you are injured on the job in South Carolina, you have 90 days to report your accident to your employer or you risk losing your ability to receive compensation for your injuries.
Under the South Carolina Workers’ Compensation Act, almost every employer and employee should be covered by insurance, with a few exceptions. All covered employers are required to provide coverage for injured workers under this act.
Like in North Carolina, the South Carolina Workers’ Compensation Commission requires injured workers to file a workers’ compensation claim with the agency within two years of the accident. Your employer then has ten days to report the accident to the Workers’ Compensation Commission.
You can file for a hearing before a commissioner of the agency if your employer fails to report the accident, if they deny your injury was work-related, or if you think you aren’t receiving the benefits you are entitled to. An experienced workers’ compensation attorney can also help you during this process if this is the case for you.
How an Experienced Workers’ Compensation Attorney Can Help
Filing a workers’ compensation claim correctly is crucial. Failing to do so, even on the first try, may hurt your case and you may receive less financial compensation for your work injury. Your employer’s insurance company will be looking out in the best interest of your employer. By contacting an experienced workers’ compensation attorney, you are ensuring that you have someone who will be looking out for your best interests, too.
The experienced worker’s comp attorneys at The Law Offices of Jason E. Taylor have years of experience advocating aggressively on behalf of injured workers. Don’t hesitate to call for aggressive representation and a legal advocate on your side.
Contact our firm at (800) 351-3008 for a no-fee consultation to discuss your workers’ compensation case today.