Whitley Law Firm - North Carolina Personal Injury Attorney

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Determining the Validity of a Workers’ Compensation Claim in Greenville
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In North Carolina, the state law known as the Workers’ Compensation Act allows most employees to enjoy certain protections under a work-specific injury insurance policy. Virtually all employers must purchase these policies in order to provide medical treatment and lost income reimbursement to any employee who suffers a workplace injury.

However, like most insurance policies, the plan administrator may not issue benefits if they do not believe that the damages meet their requirements. Due to this, an injured worker may benefit from the aid of a lawyer when determining the validity of a workers’ compensation claim in Greenville. A tenacious and hardworking attorney could help to examine the unique facts of your case and evaluate whether or not you may be eligible.

The On-The-Job Requirement in Greenville

Generally, workers’ compensation insurance policies only apply if a worker is injured while on the job. However, even if an injury is apparent, this process is often more complex than it may first appear. In fact, many claims fail because of disputes over whether an employee’s job actually caused their injuries.

For a Greenville workers’ comp claim to be valid, there are a few essential elements that must be determined. First, the injury needs to occur while on the clock and must not be the result of horseplay. If an injury occurred on a lunch break, for example, the validity of the claim might be brought into question. Similarly, if the incident happened while an employee was still on the premises but after the work day ended, a claim may not be valid.

Furthermore, a claimant’s injury must result from performing the duties of their job. This does not mean that the injury was caused by performing a specific job duty, however.

For instance, an employee whose job is to use a metal-shaping machine to make ball bearings may need to move about the shop floor to grab lubricant or other tools. If that employee trips and sustains an injury while moving from station to station, they should still qualify for a compensation claim.

The Medical Requirements for a Workers’ Comp Claim

A valid on-the-job injury often allows for the collection of benefits in the form of medical treatment. Even if a worker sustains a relatively minor injury, they can often request payment for a trip to the ER and t expenses related to needed medication. The bulk of many workers’ comp claims, though, are for income reimbursement due to lost earnings.

However, no plan will provide benefits for lost wages unless the worker in question misses at least seven days of work. Additionally, the first seven days following an injury will not be covered unless the worker misses a minimum of 21 days, and a doctor must attest to the severity of the injury and provide their opinion that the injury justifies missing this much work time.

Another source of potential contention in workers’ compensation claims is the extent of any permanent injuries. Often, though, a doctor and a worker disagree as to when they should return to work, if at all. Insurance companies tend to side with the doctors in making these assessments, but a well-versed attorney in Greenville could help an injured claimant assess their injuries and follow the proper procedures in order to demonstrate the extent to which they are affected.

How a Lawyer Might Help with Determining the Validity of a Greenville Workers’ Compensation Claim

While workers’ compensation benefits cannot provide income equal to working a job, they may be a vital source of financial aid while you recover from a severe injury. As such, it may be essential to understand how you can go about determining the validity of a workers’ compensation claim in Greenville.

A caring and practiced lawyer could help you better understand the elements of a successful workers’ comp claim and guide you through each step to demand appropriate compensation. To get started on your claim today, call today.

Whitley Law Firm - North Carolina Personal Injury Attorney

1-866-944-8539

AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK

CALL TODAY FOR YOUR FREE CONSULTATION, IT WON’T COST YOU ANYTHING TO SEE IF WE CAN HELP.

Other Locations

New Bern
701 McCarthy Boulevard
PO Box 12550
New Bern, NC 28561-4825

Jacksonville
By Appointment Only
200 Valencia Dr.
Jacksonville, NC 28546

Greenville
1702-A E. Arlington Blvd.
Greenville, NC 27858

Kinston
2506 North Herritage St.
PO Box 5309
Kinston, NC 28503-5309