Guide to Reporting a Work Injury in Charlotte

The workers’ compensation system is an invaluable asset for anyone who suffers an injury on the job in North Carolina. In this guide to reporting a work injury in Charlotte, you can learn the first steps you will need to take in order to secure the benefits you need to recover from your recent injury. Having the right worker’s compensation attorney in Charlotte on your side will make filing your claim much easier, and you will be more likely to maximize the benefits you obtain with their help.

Reporting Your Work Injury in Charlotte

When any type of injury occurs while you are working, reporting the injury will be crucial if you want to ensure that you can claim workers’ compensation benefits through your employer. You have a limited time to report your injury, and if you miss the deadline, you could be disqualified from claiming benefits. If any injury happens while you are working that you believe needs medical attention, you should report it to your employer immediately.

North Carolina law also requires employers to follow specific rules when workplace injuries happen. If any fatal accident occurs in the workplace, they must notify the State Police and the North Carolina Department of Labor. If a serious injury requiring hospitalization occurs, they must file a report to the North Carolina Department of Labor.

Elements of a Work Injury Report in Charlotte

When an employer creates an incident report of a workplace injury, the report should include all relevant details of the incident. The employer should record the names of the employees injured in the incident, the initial explanation as to how the injury happened, and the severity of the resulting damages. Emergency medical care should be arranged for serious injuries.

It is important for an injured employee to report their injury as quickly as possible regardless of how the injury happened. If an employee injures themself, they may hesitate to report it because they could fear disciplinary action or that they will be disqualified from claiming workers’ compensation benefits.

The reality is that workers’ compensation functions on a no-fault basis in North Carolina. This means that it will not be necessary to prove fault for the incident, and if the victim caused their own injury, they could still claim benefits as long as the injury happened while they were working in good faith. They could, however, be disqualified from benefits if they were working under the influence of drugs or alcohol or if they intentionally violated workplace safety regulations.

Ultimately, the initial aftermath of any workplace injury in Charlotte could be very traumatic and confusing for the victim, but the first steps they take immediately following the incident can have a tremendous influence on their workers’ compensation claim and any other legal efforts they intend to pursue. Ayers, Whitlow & Dressler has extensive experience handling all types of work injury cases in Charlotte and can provide the guidance you need for your impending claim.

FAQs

Q: How Long Do You Have to Report an Injury at Work in North Carolina?

A: You have 30 days in which to report your injury at work in North Carolina if you intend to pursue workers’ compensation benefits. While an injury may not appear traumatic enough to require immediate emergency treatment, you should err on the side of caution and file a report to your employer if you will need medical expense coverage later. Failure to report within the deadline will mean losing your chance to file a workers’ compensation claim.

Q: Is There a Waiting Period for Workers’ Compensation in North Carolina?

A: Yes, there is a seven-day waiting period for workers’ compensation in North Carolina, and this waiting period starts on the first day that you are unable to work because of your injury. Medical costs incurred during this seven-day waiting period will be reimbursed, but you will not receive wage compensation. However, if your injury causes you to miss more than 21 days of work, the first seven days’ worth of wages will be reimbursed.

Q: What Does My Employer Have to Do After a Work Injury in Charlotte?

A: After a work injury in Charlotte, your employer is required to create a formal incident report of your injury. Depending on the severity of the injury, they may also be required to submit a formal report to the North Carolina Department of Labor or the state police. You will need the incident report to file your workers’ compensation claim, and if your employer does not file their report correctly, they can face serious legal penalties.

Q: Do I Need to Have a Medical Examination for Workers’ Compensation?

A: You will likely need to have a medical examination for a workers’ compensation claim in North Carolina. Your employer’s insurance company should provide a list of local physicians they have approved to conduct work injury examinations, and the workers’ compensation doctor you visit will assess the severity of your injury and provide a disability rating. This rating will determine what level of benefits you will receive from the insurance carrier.

Q: Do I Need to Hire a Lawyer for a Workers’ Compensation Claim?

A: You need to hire a lawyer for a workers’ compensation claim if you want to have the easiest possible time filing your claim and the greatest chance of securing maximum benefits. The right attorney can streamline the filing process and resolve any disputes an insurer raises against your claim. They can also assist you in exploring any additional avenues of legal recourse that may be available to you, such as a third-party personal injury suit.

Workplace injuries can be life-changing experiences, and it is vital to know the proper procedure for filing your claim for benefits. This guide for reporting a work injury in Charlotte can help with the initial steps of the claim filing process, but you need to consult an experienced attorney if you want help navigating the entire process successfully. Contact Ayers, Whitlow & Dressler today to learn more about how we can assist you with your claim.