Whitley Law Firm - North Carolina Personal Injury Attorney

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AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK

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Mistakes to Avoid When Making a Greenville Workers’ Compensation Claim
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If you were injured at work, you may require extensive medical treatment and might be unable to return to work despite having a pile of bills and other financial requirements to meet. If so, you may eligible to file a workers’ compensation claim in order to receive benefits as you recover.

However, employers and insurance companies will often take steps to deny a claim for any number of reasons. In light of this, an injured worker’s claim for benefits should be as thorough as possible and may benefit from legal counsel. A detail-oriented lawyer could help you learn about common mistakes to avoid when making a Greenville workers’ compensation claim.

Not Reporting an On-The-Job Injury to a Supervisor

The first thing that any employee should do following an on-the-job injury is report the incident to their supervisor, both in-person and in writing. In Greenville and throughout North Carolina, the law requires all injured workers to provide this information within 30 days of an incident.

Even if an injury is so severe that it requires an immediate trip to the emergency room, an injured worker should still send word through email, phone, or text message as soon as possible in order to provide notice, or even ask a friend, family member, or attorney to prepare a statement on their behalf. Regardless of the circumstances, a failure to provide notice could give a workers’ compensation insurance company clear cause to deny a claim.

Failing to Follow Through with Medical Treatment

All injured employees have the right to seek medical treatment for their injuries. Generally, a workers’ comp insurance company must pay for this treatment for as long as is necessary for the worker to reach a state of maximum medical improvement.

A doctor plays two essential roles during these cases. The first is to treat the injured worker until they can return to work, or alternatively until it is determined that their condition will not improve.

Second, the doctor should provide an opinion concerning the employee’s residual ability to work. This is important because the insurance company will often rely upon this opinion when deciding whether to issue a benefits package for any permanent damages.

A claimant’s case can quickly be derailed if they do not complete the necessary medical treatment. Not only can this result in their physical condition not improving, the doctor would be unable to provide an adequate assessment of any permanent damages. Additionally, if a worker does not attend treatment or follow a doctor’s orders, the insurance company may conclude that the injury is not serious and might close the file.

Returning to Work Before Treatment is Complete

North Carolina law states that a worker can only collect workers’ compensation if they miss at least seven days of work following an injury. Any return to work before this timeframe would automatically cancel any prior-accumulated time and force a claimant’s timeframe to reset. In addition, a return to work may make an insurance company skeptical as to the true effect an injury had on that employee’s ability to work.

Similarly, a claimant should not return to work until their doctor provides clearance to do so. While this may place a strain on their finances, receiving some compensation from an insurance policy is often more beneficial for a worker’s future than risking a complete denial because of impatience.

A Lawyer Could Help Explain Mistakes to Avoid When Making a Workers’ Compensation Claim in Greenville

Pursuing benefits under a workers’ compensation claim can be difficult even under the best of circumstances. Even when an employee takes all the proper steps to file a claim, insurers may still be hesitant to provide benefits. Due to the nuanced and complex nature of these claims, it may be essential to understand the common mistakes to avoid when making a Greenville workers’ compensation claim.

If you were injured while on the job and are looking to pursue benefits, consider reaching out to a proactive lawyer to discuss how to best proceed with your case. Because all injured workers must report the incident to their employer within 30 days, it may be best to begin working on a claim immediately. Call today to discuss pursuing your claim with a legal professional.

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