With The Know How To Litigate Complex personal Injury and workers Comp Cases
- Workers’ compensation claim is denied or disputed.
- The settlement offered doesn’t cover all of your past and future medical bills, lost wages and other expenses.
- The benefits are delayed or reduced for no reason.
- Your injuries are limiting or keeping you from returning to work.
- Your employer retaliates against you for filing a workers’ compensation claim.
- You were injured by a third party or your employer’s gross misconduct (i.e. unsafe working conditions).
- You have a pre-existing condition.
- You are looking to apply for Social Security disability benefits (or are currently receiving them).
- You have a pre-existing condition.
- You have an upcoming workers’ compensation hearing.
Seek Medical Attention
Your personal health and well-being should be of utmost importance. Once you have verbally told your boss or employer about your injury or accident, they should give you instructions on visiting an approved doctor. You may also see your own doctor for a second opinion but know that this visit may not be covered by workers’ compensation. If your workplace has a healthcare provider on-site, see that individual. If the injury is an emergency, go to the nearest hospital or emergency care facility immediately and worry about telling your employer later. When at the doctor’s office,
1. Explain your work-related injury or illness to the physician.
2. Explain how it happened or when you first noticed the symptoms.
3. Make sure that the doctor has the name of your employer and knows that you will be filing a workers’ compensation claim.
It's Important To:
• Follow all of the doctor’s orders regarding treatment for your injury or illness, and attend any follow-up appointments that may be recommended.
• Failing to obey medical instructions or attend follow-up appointments can jeopardize your workers’ compensation claim and give the insurance company a reason to deny your benefits.
Notify Your Employer
Always follow up with a written notice to your immediate supervisor or to the human resources (HR) department, after verbally telling your employer about your injury prior to seeking medical treatment. North Carolina law gives you 30 days from the date of your accident to report any injury to your employer in writing. The sooner you can provide written notice, the better because any delays will look suspicious to the insurance company.
Even though you or a coworker likely already verbally told your employer about your injury prior to seeking medical treatment, it’s important that you follow up with a written notice to your immediate supervisor or to the human resources (HR) department. North Carolina law says that you have 30 days from the date of your accident to report any injury to your employer in writing. The sooner you can provide written notice, the better — as any delays will look suspicious to the insurance company.
If your injury prevents you from giving written notice, ask a friend or a coworker to tell your employer what happened and that you will give written notice as soon as you are able to do so. Also, it’s a good idea to tell your coworkers what happened in case your supervisor later tries to deny receiving notice of your claim.
File A Claim
You have 2 years from the date of your injury to file a Form 18. The Form 18 is the Notice of Accident to Employer and Claim of Employee, Representative or Dependent for NC Workers’ Compensation Benefits — is the document that must be filed with the North Carolina Industrial Commission (NCIC) within 2 years from the date of your injury.
We encourage injured workers to submit this form within 30 days, you technically have 2 years to do so before your claim will be disqualified from receiving workers’ compensation benefits. The longer you wait to submit this form, the greater the risk that the insurance company will dispute or deny your claim.
The insurance company should make a decision and provide written notice of whether it is accepting or denying your claim within 14 days of receiving your Form 18. (In some cases, the insurer will file a conditional acceptance if it needs more time to investigate the claim.) If the insurance company accepts your claim and your costs are fully covered, you should receive a Form 60 — Employer’s Admission of Employee’s Right to Compensation — or Form 63 — Notice To Employee of Payment without Prejudice.
If the insurance company denies your claim, you may still have rights under the law to appeal the denial.
You will receive a copy of Form 61 — Denial of NC Workers’ Compensation Claims — from your employer or their insurance company. This document should explain the reasons for the denial. An attorney can determine if there are grounds for filing an appeal of the denial.
If the case has merit, your attorney will file a request for hearing with the Industrial Commission by submitting Form 33
Your Attorney will file a Request for Hearing with the North Carolina Industrial Commission. Before the hearing, your attorney will gather evidence and respond to questions from the insurance company’s lawyer.
It’s important to understand that a workers’ compensation hearing is not the same thing as filing a formal lawsuit against your company and its workers’ compensation carrier.
During the hearing, your attorney will present your case in front of an administrative law judge with the Industrial Commission, arguing that your workers’ compensation benefits should be granted and the denial be reversed.
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Wrongful Death Lawsuits in NC
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Choosing A Doctor for Workers’ Comp Case’s
Nursing & Medical Rehabilitation Forms
MECKLENBURG
832 E. Fourth St.
Charlotte, NC
28202
GASTON
325 M.L.K. Jr. Way
Gastonia, NC
28052
Union
400 N. Main Str.
Monroe, NC
28112
IREDELL
226 Stockton St,
Statesville, NC
28677
Cabarrus
77 Union St. South,
Concord, NC
28025
lincoln
120 Justice Drive,
Lincolnton, NC
28093
In order to prevent firearms, knives, and other weapons from being brought into the building, anyone entering a courthouse must walk through a metal detector.
You cannot have any metals on your person when walking through the metal detector or an alarm will sound. If metal is detected, you will be asked to remove any metallic items and walk through again.
Removing all metal objects from your person, including change, belts and steel-toed shoes, will speed up this process.
You may also be scanned with a wand by a deputy to pinpoint the location of metals.
You must place all items you are carrying in a basket to be viewed through a live-scan.
The metal detectors and live-scan will not pose a health risk to you; this includes pregnant or nursing mothers. If you have a special need or disability, or you wear an implanted device, please inform the deputies.
Laptop computers, iPads/tablets, e-readers and cell phones are allowed into the courthouse. You will be asked to turn on laptops and other electronic devices before being allowed to enter the building.
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- Large Safety Pin
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