What North Carolina Workers’ Comp Lawyers Won’t Tell You (But We Will)

Workers’ compensation can be complex, and there are essential details that many injured workers might not hear from traditional resources. If you’ve found yourself typing, “What North Carolina workers’ comp lawyers won’t tell you” into a search engine, then this post can answer your questions.

Employers and Insurance Companies Don’t Always Act in Your Interest

A key detail often overlooked in the initial claims process is the role that employers and their insurance companies have. It’s important to remember that, while employers and insurance adjusters are obligated to provide benefits, they often have a vested interest in minimizing claim costs. This means that many companies look for ways to reduce or even deny claims whenever possible.

From tactics like delaying paperwork to questioning the legitimacy of injuries, there are subtle—and often some not-so-subtle—ways that insurers attempt to protect their bottom line. Knowing that this is common can help you approach your claim with a more proactive mindset.

The Importance of Documentation

One key point that isn’t always emphasized by workers’ compensation lawyers is the importance of detailed and organized documentation. Keeping thorough records of your medical visits, conversations with your employer, and communications with the insurance adjuster is critical. These records can be invaluable if your case encounters obstacles like delays or denials.

It’s also beneficial to maintain a pain and recovery journal, recording any ongoing symptoms or challenges. Not only does this help with tracking your health progress, but it also provides an added layer of evidence that may support your claim if it is disputed by the insurer or employer. Sometimes, the smallest details, such as a missed workday or recurring pain, can make a big difference in your compensation.

How Your Pre-Existing Conditions Affect Your Claim

While pre-existing conditions don’t automatically disqualify you from workers’ compensation benefits, they can complicate the process. Insurers might argue that an existing injury or illness is the primary cause of your current condition rather than your workplace accident. North Carolina law, however, allows you to receive workers’ comp if your workplace injury aggravated a pre-existing condition.

Your attorney can navigate this complexity by working with your medical providers to show how the workplace accident directly impacted your current health. This is why it’s vital to disclose any prior conditions upfront. Also, make sure your medical providers clearly document the changes and progression in your condition as they relate to your recent injury.

The Impact of Returning to Work Too Early

Returning to work too soon is another aspect of workers’ compensation cases that often goes unmentioned. While it’s natural to want to get back to work quickly, doing so can jeopardize your recovery and, potentially, your claim. If your doctor hasn’t fully cleared you for work and you return prematurely, you risk aggravating your injury, which could limit your compensation options or even disqualify you from further benefits.

In North Carolina, workers’ comp cases can be closed if you voluntarily return to work without restrictions. It’s essential to follow medical advice and not feel pressured by your employer to return before you’re truly ready. Your health should remain the top priority throughout this process.

The Role of Independent Medical Examinations (IMEs)

An Independent Medical Examination (IME) is an evaluation performed by a doctor selected by the insurance company to assess your condition. Many workers’ comp claimants are unaware that these exams are often biased in favor of the insurance company. IMEs can be used to justify reducing or denying benefits, as the doctor conducting the exam may downplay your injuries or determine that you’re ready to return to work.

If an IME disputes your physician’s assessment, you can request a second opinion from another medical professional. This second evaluation can provide a counterpoint to the IME and strengthen your case if you need to appeal a decision.

Settlements Can Be Tricky

Settlements are not always straightforward and are often more complex than they seem. Some workers’ comp lawyers might push for a quick settlement to resolve the case, but these agreements may not provide the full compensation you need.

A workers’ comp settlement should be carefully considered, especially for severe injuries with long-term impacts. Once you settle, you may be waiving your right to future benefits, so it’s crucial that the agreement adequately addresses all your current and potential future needs.

Knowing Your Rights to Appeal

Many workers aren’t fully aware of their rights to appeal if their claim is denied. In North Carolina, you have the right to appeal through the North Carolina Industrial Commission if your initial claim is unsuccessful. Appeals can be a lengthy process, but they’re sometimes necessary to secure the benefits you’re entitled to.

Familiarizing yourself with the appeals process and what it involves can prepare you for any obstacles and help you understand that a denied claim is not necessarily the end of the matter.

FAQs

Q: What Is the Statute of Limitations for Workers’ Comp in North Carolina?

A: In North Carolina, you must notify your employer of the injury within 30 days of the accident. Failure to do so jeopardizes your right to benefits. However, once your employer has been notified, you generally have two years from the date of your injury to file a workers’ compensation claim. Filing within this period is crucial, as missing the deadline can bar you from receiving benefits.

Q: What Is the Workers’ Compensation Act in NC?

A: The North Carolina Workers’ Compensation Act outlines the rights and responsibilities of both employees and employers when workplace injuries occur. It mandates that employers provide coverage in the event of an accident and specifies the benefits that injured workers are eligible to receive. If you have been injured in a workplace accident, it would be wise to seek legal counsel as soon as possible.

Q: How Much Does Workers’ Comp Pay in NC?

A: Workers’ compensation will typically pay two-thirds of an injured worker’s average weekly wage, up to a maximum set by the state. This maximum varies each year, as it is based on the statewide average wage and the cost of living. Once you are on workers’ comp, it generally lasts until you are cleared to return to work.

Q: What Happens If My Employer Doesn’t Have Workers’ Comp Insurance?

A: Employers with three or more employees are required to carry workers’ compensation insurance in North Carolina. If your employer does not have coverage, you could still file a claim through the state’s Uninsured Employers Fund. The most appropriate course of action in this scenario is to contact a lawyer as soon as possible so they can advise you on the appropriate course of action.

Consult the Experienced Attorneys at Ayers, Whitlow & Dressler

If you have been injured at work and are wondering what options are available to you, the team at Ayers, Whitlow & Dressler is prepared to explain the process, advocate for your rights, and secure all the benefits you are entitled to.

Contact Ayers, Whitlow & Dressler today to arrange a consultation.