How to File a Workers’ Compensation Claim in Charlotte, NC? 2024

North Carolina law requires almost every employer in the state to have workers’ compensation insurance, and this insurance is invaluable to anyone who suffers an injury at work. If you are hurt while working, you need to know how to file a workers’ compensation claim in Charlotte, NC, and the value of having legal counsel on your side. The right attorney can make this process much easier to complete.

How to File a Workers’ Compensation Claim in Charlotte, NC

The process of filing a workers’ compensation claim is similar to what you could expect when filing most other types of insurance claims. However, your employer plays an important role in this process, and it is possible to encounter complications with your employer and/or their insurance carrier. Hiring an experienced attorney to help you with your claim will significantly improve your chances of navigating the process as efficiently as possible.

After you suffer an injury at work or after you are diagnosed with a serious illness that you believe resulted from doing your job, you should report your medical condition to your employer immediately. They are required to document the situation in an incident report and provide the forms you will need to submit a workers’ compensation claim. If they deny your claim, fire you, or take any other adverse action in response to your report, contact an attorney right away.

Most employers in North Carolina uphold their duties to their employees in good faith, providing them with the materials they need to file their workers’ compensation claims. As part of the claim filing process, the injured worker will likely need to undergo a functional capacity evaluation from a doctor approved by the employer’s insurance carrier. This doctor will determine the overall severity of the injury and assign the worker a disability rating.

The insurance company will use this rating to determine the level of benefits the claimant is eligible to receive. Generally, a workers’ compensation claim in Charlotte, NC, will yield two types of benefits to the injured claimant — medical expense coverage and disability benefits for the time they are unable to work while they recover. The time they can continue receiving these benefits will depend on how long it takes for them to recover enough to return to work.

Benefits of Hiring Legal Counsel

While it is possible to file workers’ compensation claims in North Carolina without hiring an attorney, it puts the claimant at a significant disadvantage if they encounter any disputes from their employer or from their employer’s insurance carrier. They could also meet with an unexpected denial of coverage due to errors in their claim forms or other issues that they may have trouble resolving without legal representation.

An experienced attorney can streamline the claim filing process and help you maximize your benefits, and they will be ready to address any unexpected complications that arise. They can also verify that you receive a fair determination of benefits, and if you have grounds to pursue any additional legal recourse that could enhance your recovery, they can assist with these efforts as well.

FAQs

Q: What Is the Reporting Requirement for Workers’ Compensation in North Carolina?

A: The reporting requirement for workers’ compensation in North Carolina is a deadline for reporting an injury to an employer so that the injured worker may file a workers’ compensation claim. Ideally, an injured employee should report their workplace injury immediately, but the true deadline is 30 days from the date the injury occurred. If they do not meet this reporting deadline, their employer may deny responsibility for their injury.

Q: Do I Need a Lawyer to File a Workers’ Compensation Claim in Charlotte?

A: You need a lawyer to file a workers’ compensation claim in Charlotte if you want to have the easiest possible time with the claim filing process and the greatest chance of maximizing your benefits. While it’s possible to file your claim without legal counsel, you could encounter various complications that you will not be able to resolve on your own. Having legal counsel advising you allows you to approach the situation with greater confidence.

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: The amount you receive in workers’ compensation benefits will depend on the level of medical treatment you require and your remaining functional capacity to work after your injury. The insurance company should cover all medical treatment costs related to your injury, and you will receive disability benefits if you are unable to work while you recover. It’s possible to qualify for partial or total disability benefits based on your remaining functional capacity.

Q: How Long Does It Take to Get Workers’ Comp?

A: The timetable for receiving workers’ comp in North Carolina will depend on the specific details of your case and whether you have legal counsel advising you. If you have an experienced attorney helping you with your claim, it is possible to resolve the matter and start receiving your benefits within a few weeks of filing the claim. Disputed cases can take longer to resolve, so it is vital to start the claim filing process soon after your injury.

Q: Can I Sue My Employer for a Work Injury?

A: You cannot sue your employer for a work injury in North Carolina if they have workers’ compensation insurance and you are covered by their policy. However, if they do not have the required insurance, or if they intentionally caused your injury, you would likely have grounds to file a civil suit. It is also possible to have grounds for a personal injury claim against a third party responsible for causing your injury.

The team at Ayers, Whitlow & Dressler has years of experience helping injured workers throughout the Charlotte area with their workers’ compensation cases, and we can apply this experience to your case. Knowing how to file a workers’ compensation claim in Charlotte, NC, is important, and it is vital to have legal counsel assisting you with this case. Contact us today to schedule a free consultation with our team to learn how we can help.