WHAT’S THE PROCESS IF I GET INJURED AT WORK?
A short guide to the major steps you need to take to pursue a workers' compensation claim against your employer
DO I QUALIFY FOR WORKERS’ COMPENSATION BENEFITS?If you answer yes to the following questions, you should qualify for workers’ compensation benefits:
- Were you injured in an accident at work or do you suffer from a condition that was caused by your work?
- Do you work for a company with three or more employees?
- Did you report your accident or disease to your employer within thirty days of it occurring or receiving your diagnosis?
SO I QUALIFY, WHAT NEXT?If you answered yes to the previous questions, you are likely to qualify for workers’ compensation benefits. In fact, if you’ve reported your injury to your employer, chances are good that you have already heard from an insurance adjuster who is investigating your injury.
WHY IS THE INSURANCE COMPANY INVESTIGATING THIS?The insurance company is, in part, investigating ways they can deny your claim. Having an experienced lawyer guide you through the insurance company’s investigation will help you avoid some common missteps that could lead to the insurance company’s refusal to give you the benefits you would otherwise be entitled to.
WHO ELSE DO I NEED TO TELL?Alerting your employer is only the first step in pursuing your workers’ compensation claim. You must also initiate your claim with the North Carolina Industrial Commission, the state agency that handles workers’ compensation matters.
WHAT DO I NEED TO FILE WITH THE INDUSTRIAL COMMISSION?You need to file a Form 18 -- Notice of Accident to Employer and Claim of Employee-Representative or Dependent for NC Workers’ Compensation Benefits with the Industrial Commission in order to formally initiate your workers’ compensation claim. Having an experienced lawyer at this stage will ensure that this document is prepared and filed correctly. Once this document is filed, you have officially begun your workers’ compensation claim, which must then be either accepted or denied by your employer.