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If you’re injured at work, your employer is likely required to have an insurance policy to compensate you. The potential for this process to become complex and difficult is a risk any worker faces if they file this kind of claim. There are various pitfalls you can fall into that may deny you the compensation you’re likely to be legally entitled to, or at least seriously extend the time it takes for you to receive it.
The Wilmington, NC workers' comp attorneys at Rodzik Law Group have walked injured workers through the workers' comp process for over 20 years, and because of this experience, we have a thorough understanding of where many people go wrong when filing a claim after a workplace injury. We’ve covered topics related to this one on our blog before, including common workers' comp myths and what to expect when working with a workers' comp attorney.
In this post, we’ll outline some of the mistakes many people make when filing for workers' comp and some important details to know about North Carolina’s workers' comp laws.
Many of the mistakes people typically make when it comes to filing for workers' compensation involve failing to report the full extent of all injuries received on the job in a timely manner. This doesn’t just mean downplaying the severity of the particular injury that’s leading you to file. It also includes a failure to report any past injuries, however minor, or to report your injury immediately after the incident occurred.
There are various reasons people may choose not to report their injuries, but there are risks involved with not comprehensively reporting them, ranging from losing out on your compensation to having to repay what you’ve received, depending on the nature of the situation.
Another typical mistake many people make is not seeking legal counsel once you’ve filed for workers' comp. It’s especially important to do so given that your employer and their insurance company are likely to have legal experts examining your case and finding ways to minimize the amount of money they’re liable to pay you. Being the only one without legal representation in this kind of situation puts you at a disadvantage, given that if you aren’t compensated for your injury, you’re the one who will have to cover the cost of medical treatment for it.
Having a thorough understanding of state workers' comp laws is another important reason to have legal representation when you file for workers' comp. These laws determine what kinds of injuries your employer is liable to compensate you for, and as a consequence, how a case might be resolved if it were to go to court. They also determine exactly what kinds of benefits you’re entitled to and what’s required of you to receive them. Although having an attorney is especially important in the event that your claim is disputed, they can also break down and simplify these complex laws so that you have a better sense of your rights in this situation.
Each state has its own set of workers' comp laws, and these are typically what you’ll want to consult if you’re working for a private company or a state government agency. Several frequently asked questions regarding workers' comp in North Carolina are listed on the North Carolina Industrial Commission’s website. If you’re a federal employee, there are other resources to consult from the U.S. Department of Labor.
