North Carolina’s employees may file their compensation claims if they get injured at work. These comp claims can be a big help in paying the medical bills and compensating for the lost wages of an employee.
However, injured Charlotte laborers can be denied of their worker’s compensation claim for not meeting the eligibility requirements. It would be best for these Charlotte denied laborers to hire attorneys to learn the next step they could take for their denied claims.
Who Denies Claims of Injured Workers in Charlotte?
Charlotte claims can either be denied by their employer or their insurance company. Since compensation benefits come from employers or insurance carriers, they have the right to deny claims.
When Can Claims be Denied in Charlotte?
Employers or insurance companies deny claims for different reasons. Here are some of them:
- Did Not Report the Incident in Time
An employee who fails to report his or her injury on time may be denied of comp claims. For this reason, employees should report the workplace incident immediately especially if the injury is not life-threatening. An injured employee is usually given 30 days after the workplace accident to submit a written report to his or her employer or immediate supervisor.
- Did Not File in Time
After reporting the workplace accident to the employer, the employee should also file his or her comp claims with the N.C. Industrial Commission. Laborers are given 30 days to file their comp claims.
The employee must fill out Form 18 or the Notice of Accident to Employer and Claim of Employee, Representative, or Dependent. The comp attorney of the employee usually reviews this form before submitting it to the N.C. Industrial Commission.
- Filed His or Her Comp Claims After Leaving the Job
Employers or insurance companies may deny claims if they are no longer connected to them. However, depending on the situation, comp attorneys may still be able to do something to pursue the comp claims of the employee.
- Did Not Seek Any Medical Treatments
In most cases, an injured employee should seek medical treatment for him or her to receive workmen’s compensation benefits. Employers usually have chosen medical practitioners to treat the injuries. If the N.C. employee fails to obtain treatments from these doctors, it can be a ground for a comp claim denial.
- The Injuries Are Not Compensable
Not all injuries are covered by N.C. state law. Stress-related injuries and psychological conditions, for example, can be difficult to prove. Minor injuries that do not really require medical treatments may also be the reason for your comp claims to be denied. Laborers may consult their worker’s comp lawyer to make sure that their injuries are compensable.
- The Ailments Are Not Work-Related
Laborers should make sure that their injuries are work-related because their employer may say that they were not injured while working. Even if the injuries of an employee were obtained in the workplace, employers may argue that his or her job is not the cause of the injury.
- The Issue was Caused by the Employee’s Negligence
Most employers implement rules and regulations to ensure their employees’ safety. It only makes sense for employers or their insurance carriers to consider denying a claim if the injuries of the worker is due to his or her negligence. Learn more about your rights here.
- The Evidence Presented Is Insufficient
N.C. employers or insurance companies may also deny claims of Charlotte workers who can’t present sufficient evidence. This is why an employee should report the injury immediately to his or her employer. By doing so, the employee may avoid having to prove the work-related injury. Comp attorneys can be useful in this situation as they may find other evidence or witnesses that the employee has missed.
What You Can Do If Your Claims Are Denied in Charlotte
Some whose comp claims have been rejected think that they can no longer do anything. The good news is that an employee may file a petition if he or she thinks that his or her comp claims were unfairly denied. Here are other steps that employees may do if their claims are denied:
- Secure All Evidence
If the employer or insurance company denies thE employee’s comp claims, the injured employee needs to secure and protect all of his or her evidence.
This evidence can be useful once the employee decides to file a petition. Examples of pieces of evidence are receipts of medical expenses, test results, doctor’s narrative reports, and witness statements.
- Hire a Claim Denial Attorney
The N.C. employee must first reach out to a comp attorney and ask for advice. The compensation attorney will review the employee’s case to check if a petition or an appeal can be filed. The legal professional can also check if the employee’s comp claims have been denied unfairly.
- Talk With the Insurance Company
Normally, the N.C. employee will receive a denial letter stating the reason why the compensation claims were denied. If the employee does not agree with the reason, the best move he or she could do is to talk with his or her employer.
Charlotte workers may ask their N.C. employer to clarify their reason for denying their comp claims. This move may also clarify any misunderstanding of both sides about the comp claims.
- File a Petition or an Appeal
If in case the employee wants to file a petition or an appeal, he or she would have to hire a compensation lawyer. Filing an appeal would mean that the N.C. employee needs to attend court hearings. Until the judge makes a decision, comp attorneys serve as legal advocates and present oral arguments on behalf of their clients.
How Do You File an Appeal in Charlotte?
The N.C. employee, together with his or her comp attorney, can file an appeal by submitting a Form 33 request to the N.C. Industrial Commission. By filling out this form, the employee requests a judge to review his or her claim.
However, before a judge actually hears the case, the employee needs to go through a mandatory mediation. The comp attorneys of both parties would have to present their sides. This is why the N.C. employee should make sure that he or she gets a good comp attorney to defend the case during the mediation stage.
What a Good Attorney Can Do
A good comp attorney will review the reasons why the claim is denied, and he or she will determine whether the denial is valid or not. If he or she finds out that the denial is not valid, he or she will collect evidence and possible witnesses to prove that the claim has been unfairly denied. He or she would also know the legal steps to take so you can get the workers’ compensation you deserve.
Hire Collier Law
Just because your initial claim was denied doesn’t mean that you’re out of options. There are other steps you can take to appeal claims rejected by your employer or his or her insurance carrier. Click here to learn more about us.
Your appeal can be successful with the help of a comp attorney at Collier Law. We will listen to your story, review your case, and do whatever we can in helping you get the compensation that you deserve. Contact us today.