By recognizing and avoiding these common errors, I am confident that you will be in a better position to collect more money for your claim. To help you avoid these mistakes, contact Abels & Annes personal injury Lawyers to help you avoid the following Common Workers Compensation Claim:
- Failure to Report the Accident to Your Employer.
North Carolina law requires that a claim be reported to your employer in writing within 30 days from the date of the injury. Although in most cases you could proceed with your claim even if you do not file a written report in 30 days, these reports should be filed in writing immediately
- Failure to File a Claim with the Industrial Commission.
North Carolina law requires that a claim be filed with the North Carolina Industrial Commission within two years from the date of the accident. In the case of occupational diseases, the claim must be filed within two years from the date the worker became unable to work With respect to occupational diseases, the filing requirements vary. Unless your employer has agreed in writing to be responsible for your workers’ compensation claim, you are at risk if you fail to file a written claim with the Industrial Commission within two years.
- Failure to Inform the Doctor of the Details of Your Accident.
If your medical records do not reflect the fact that you have been in an accident, your claim may be suspect. Insurance companies use any excuse they can find to deny your claim. The absence of any information in your medical records about your accident may give them the excuse they want
- Failure to Keep a Job Search Log.
The worker has the burden of proving that they are unable to work as a result of a workers’ compensation injury or occupational disease. One of the best ways to prove that you cannot work is to show that you have honestly tried to work but were unable to find and maintain a job.
- Failure to Fully Inform Your Lawyer of All Facts.
Workers’ compensation cases are difficult enough to handle successfully, even when a lawyer has all the facts. If you do not fully inform your lawyer concerning all facts, the good, the bad and the ugly, you severely handicap your lawyer’s ability to win the case for you. Many facts which you may feel to be adverse can be successfully handled. Do not short change yourself by keeping your lawyer in the dark.
- Failure to Fully Cooperate with All Vocational Rehabilitation Efforts.
The point at which the insurance company hires a vocational rehabilitation specialist to actively become involved in trying to find a job for you is probably the most critical point in the claims process. You should not attempt to deal with the rehabilitation process without the assistance of an experienced workers’ compensation lawyer. Vocational rehabilitation counselors, in the vast majority of cases, are not on your side. It is their job to terminate your benefits, either by your becoming employed or by taking advantage of your failure to cooperate, thereby have your benefits terminated. It is in your best interests to return to work at suitable employment. You should, therefore, fully cooperate with all reasonable vocational rehabilitation efforts.