There are important deadlines for workers’ compensation claims

October 31, 2019 · 3 min read

When you get hurt on the job in North Carolina, you have the right to file a claim and seek protections under the state’s workers’ compensation insurance program. The benefits that this program provides can help you secure whatever medical care you need, including corrective surgery, physical therapy, or expensive pain management, while also helping to replace a portion of your lost wages while you recover, and sometimes compensating you for permanent injury.

The same benefits are available, if you develop an occupational illness, rather than an injury by accident.

However, in order to connect with the benefits you need to stay financially solvent after an injury or illness related to work, you will need to comply with the state requirements for documentation and claims paperwork. Mistakes in reporting and filing your application or appeal can lead to an unnecessary denial of your benefits.

You need to file with both the state and with your employer

In most cases, your best option for connecting with workers’ compensation benefits involves immediately 1) notifying your employer of the injury, preferably in writing, and 2) filing an accident report with the North Carolina Industrial Commission, if you get injured on the job. However, not all serious workplace medical issues result from a sudden injury or accident. Instead, they may involve the exposure to hazardous chemicals or the slow development of a repetitive stress injury.

In that scenario, you should file a report with your employer as soon as you begin recognizing symptoms or receive a diagnosis related to your job. As with any other type of case, you should notify your employer and file your claim with the Industrial Commission as soon as you can.

Filing documentation with the Industrial Commission, in a North Carolina claim, often has a firm deadline of two years from the date of injury. Waiting any longer could result in an immediate denial of the benefits you need. It is extremely important that you not delay, because the start of the two year period can be complicated, especially in occupational disease cases. Also, if more time has passed, again especially in an occupational disease case, but also in some others, it is sometimes possible to make your claim, anyway. You should call a lawyer, if you have any questions about that.

Working with a lawyer can help you avoid making preventable mistakes

Issues with paperwork and missing deadlines are often reasons North Carolina workers’ compensation claims wind up denied. The best way to avoid these errors is to educate yourself about the system and comply with all legal requirements.

Start with a plan to sit down with an attorney who has experience navigating the complex workers’ compensation insurance program. From there, you can work on gathering the necessary documentation and putting together your claim or appeal as necessary. An attorney can help you avoid the mistakes that often cost people the benefits that they and their family will need in order to bounce back after a workplace injury or illness.

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Aug 21, 2024 in Construction Workers' Accidents

5 professionals to talk to after a car crash

A car crash can change your life in an instant. In the face of physical pain and emotional trauma, you may also find yourself facing a legal battle for fair compensation. Where do you start? Who can you turn to for guidance? North Carolina follows a strict contributory negligence rule, which means you may not be eligible for recovering compensation if found even slightly at fault for the accident. This is why it is crucial to consult with the right professionals during this difficult time. 1. Medical doctor or specialist After a car accident, your health should be the top priority. Seek medical attention, even if you feel fine. Your healthcare provider will document your injuries, provide treatment and record your medical expenses, which are all crucial for legal purposes. 2. Law enforcement officers Report the accident to a police officer or a highway patrol as soon as possible. They will create an official accident report, including details like the accident’s time, location, and possible causes. This report can serve as valuable evidence in your case. 3. Insurance adjuster The at-fault party’s insurance company will likely call you to discuss the accident. Be cautious when speaking with the adjuster as they may try to minimize the amount the insurance company has to pay for your injuries. If possible, avoid talking with an adjuster without consulting a legal professional first. 4. Mental health professional A therapist or counselor specializing in mental health can help you manage the emotional trauma, anxiety and depression typically associated with car accidents. Their records can also support your claim by showing the emotional impact of the accident. 5. Personal injury attorney Many successful claims involve the help of an attorney specializing in personal injury law. Take advantage of their experience and let them manage negotiation for your fair compensation. If disputes arise, they can fight for you in court. Building a robust support system is key Each of these professionals can significantly impact the outcome of your personal injury claim. With the right team behind you, you can recover fair care and compensation (medical bills, lost income, ongoing rehabilitation, etc.) needed to rebuild your life.

Aug 07, 2024 in Construction Workers' Accidents

What are risks of noise exposure for North Carolina construction workers?

When people imagine construction sites, many think of large equipment, like jackhammers, diesel-powered vehicles and other powerful machines, generating noise that can reach hazardous levels. Unfortunately, many companies fail to provide construction workers with adequate training in hearing protection. This can result in serious worksite injuries, such as hearing loss, for which employees may need to seek workers’ compensation benefits. Is your employer liable for dangerous occupational noise exposure? The answer may be yes if they don’t adhere to Occupational Safety and Health Administration (OSHA) standards and follow National Institute for Occupational Safety and Health recommendations. How is occupational noise measured? Sound level meters and dosimeters measure noise in the workplace. Measurements record the following: Sound or noise level at a given time Sound level averaged over eight hours Percent of allowable noise exposure, also known as noise dose Excessive levels can create a health risk and should be reported. But how do you know if you’re at risk? Permissible noise levels for workers OSHA mandates employers to take administrative or engineering steps to reduce noise if it exceeds these levels, measured in A-weighted decibels (dBA). Here are OSHA’s acceptable levels: 90 dBA for 8 hours 92 dBA for 6 hours 95 dBA for 4 hours 97 dBA for 3 hours 100 dBA for 2 hours 102 dBA for an hour and a half 105 dBA for an hour 110 dBA for half an hour 115 dBA for a quarter of an hour or less If noise reduction efforts aren’t possible, your employer must provide hearing protection and educate workers about the risks of not wearing noise-canceling headphones or earplugs. How is noise controlled in the workplace? To properly reduce noise in the worksite, your employer must find out: The noise level in the construction site How much noise reaches workers’ ears The frequency content of the noise What’s producing the noise Investigating noise exposure is a standard regulation in worksite evaluation and monitoring. How does North Carolina protect workers’ hearing? In March 2024, the North Carolina Department of Labor released a list of general industry standards requiring written safety and health programs. Programs on occupational noise exposure will include: Hearing conservation Monitoring Audiometric testing Training and education State efforts to strengthen protection against occupational hearing loss are vital. However, when employers don’t exercise due diligence, workers are at risk of injury, which could result in lost income and medical expenses. Consulting an experienced workers’ compensation lawyer can help an employee navigate the complex process of determining compensation and ensure that they can claim damages for hearing loss and other work-related injuries.

Jul 30, 2024 in Construction Workers' Accidents

Why “doctor’s orders” should reign supreme after workplace injuries

When an accident happens in a working environment, the impacts of the situation can extend far beyond the initial injury. That’s why North Carolina provides legal protections for workers who are injured on the job. Through the state’s workers’ compensation program, eligible injured workers can receive the medical support they require during their recovery. Unfortunately, many injured workers may inadvertently jeopardize their compensation by failing to follow doctor’s orders. Ignoring or neglecting doctor’s orders can result in significant repercussions on a worker’s health, recovery and workers’ compensation claim. The role of doctors in workplace injuries The Tar Heel State’s workers’ compensation program mandates employers to have a designated healthcare provider who cares for injured workers. The employer is supposed to pay the chosen doctor so that the injured doesn’t incur out-of-pocket medical costs. When an injured worker consults with the designated doctor following a workplace accident, they can expect the medical provider to: Determine the acuteness of their injury Develop a personalized treatment plan Oversee their recovery Doctors should be given the upper hand because they have the knowledge and experience to establish the best strategy for efficient recovery. By following the doctor’s orders, an injured worker can receive the medication they need and take all the time they require to recover. It’s also crucial to note that following the doctor’s instructions is not just about efficient recovery; It’s also about compliance with workers’ compensation requirements. Workers’ compensation compliance According to the state’s workers’ compensation program, injured workers are required to follow the prescribed medical treatment. Failure to follow the doctor’s orders can trigger a denial or reduction of benefits. The company’s insurance company may take such actions under the argument that the injured worker isn’t committed to their recovery. To help ensure that they continue to receive financial support during their recovery, it’s important that an injured worker: Follow through with their personalized treatment plan Show up for all medical appointments Routinely communicate with their health provider By proactively demonstrating that they’re dedicated to getting better, a injured worker is less likely to jeopardize their claim. Injured workers whose compensation is halted or reduced for whatever reason can greatly benefit from appropriate legal guidance during such a confusing time. A reliable legal team can help such workers reclaim the financial support they need during their recovery.