Kelly & West News

Mistakes that Hurt Your Workers’ Compensation Case

Worker’s compensation is there when you get hurt at work. But applying for this payment is not the easiest process. A lot of people get hurt or sick due to work and later ask about workers’ compensation only to find out they don’t qualify — but only because of the timing or some other error.

Most companies are required to carry workers’ compensation insurance. According to the NC Industrial Commission, a company must carry a policy if they employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies, and partnerships.

If you work in a risky setting, read up on workers’ compensation so you can avoid these mistakes that might cost you later.

Mistakes that Hurt Your Workers’ Compensation Case

1. Not getting medical attention. After you are hurt or get sick because of your work, seek medical attention. Let your doctor know this happened at work and ask him/her about documentation.
2. Not reporting the problem to your employer. If you are badly hurt, obviously you must first get medical care. But you need to let your employer know you were hurt or injured on the job.
3. Not speaking to a lawyer. While you may choose not to hire anyone to help you, most people find it beneficial to at least consult with an attorney. That way you know what to do and when! If nothing else, the fact that you spoke with a lawyer will help you feel more confident. If your company offers a settlement, definitely ask a workers’ compensation lawyer to review it before you agree.
   

   Photo credit: Connor Tarter on Visual Hunt / CC BY-SA

4. Waiting too long to file your claim. In North Carolina, you must file a Form 18 Notice of Accident to Employer and Claim of Employee, Representative or Dependent within 30 days of the accident. (Watch our video on how to file a workers’ compensation claim.)
5. Assuming your health insurance will cover your medical costs. While the insurance may cover it, you might also find out too late that you have extra bills as the health insurance may refuse to pay the bill if the health insurance company discovers that you filed a workers’ compensation claim.
6. Failing to keep good records. Once you are injured or sick, write down times, dates, and details about the incident and any discussions you have with the company or their insurance. Take photos of your injury as soon as you can.
7. Not following the doctor’s orders. If you try to get back to work too soon or back to sports or other physical activity, you may injure yourself further. But in some workers’ compensation cases, things get ugly. If you’re posting on social media about your fun with your baseball team, your company’s lawyer may argue you don’t need money or time off.

Get our free workers’ compensation information sheet on this page (the red bar in the right-hand side). Or, contact a Lillington workers’ compensation lawyer today for help.