Common Mistakes to Avoid in a Hickory Workers’ Compensation Claim

An attorney can provide valuable assistance throughout North Carolina workers’ compensation claims for insurance benefits. In the Tar Heel State, people often try to handle their cases alone, and they sometimes make avoidable mistakes. You might wonder what mistakes to avoid in a Hickory workers’ compensation claim. Roberts Law Firm, P.A., has information about avoidable mistakes and what to do instead when filing for workers’ comp benefits.

Avoidable Mistakes With North Carolina Workers’ Comp Claims

With a North Carolina workers’ comp claim, people sometimes make mistakes that could potentially have been avoided. Some examples of these mistakes include:

• People trust insurance companies to offer a fair settlement amount. However, this is simply not the case, as insurance carrier adjusters often have their company’s financial interest in mind.
• People trust insurance companies to help them get back to work in due time. Insurance companies might push you to get back to work before you’re ready, or they might deny your claim, which can force you to work even if you’re injured because you need the income.
• People don’t realize they might be under surveillance. Insurance companies sometimes hire private investigators to gather surveillance photos and videos to try to deny your benefits claim and minimize your recovery.
• People assume workers’ comp is automatic, and they don’t file in time or don’t submit sufficient documentation. The reality is that workers’ comp is not automatic, and in North Carolina, it might not provide sufficient payments for your expenses. Workers’ comp is supposed to cover your medical treatment costs, lost wages, and rehabilitation. However, it doesn’t cover your pain and suffering, which can be substantial.
• Many people don’t realize they can negotiate for a better outcome. They may feel pressured to quickly resolve their claims, which can leave available money on the table. It’s important to ensure you’re getting enough compensation and demanding a better claim outcome.
• Some people are unknowingly misclassified by their employers. Independent contractors don’t get claim benefits under the Workers’ Compensation Act. Unfortunately, some NC employers might try to call you an independent contractor even if you’re a traditional employee just to avoid paying you workers’ comp benefits. You might not even realize this error until you apply for benefits. An attorney can help explore whether you’re entitled to benefits after a work-related injury.

These are just a few examples—many other mistakes made when filing for benefits can go against North Carolina workers’ compensation laws.At Roberts Law Firm, P.A., we believe it’s important to provide information so you can make an informed decision about your benefit options. An attorney from our office can help you avoid making these common mistakes, and they can also further explain the filing process.

How to File for Workers’ Comp Benefits in North Carolina

Workers’ comp benefits are intended to help North Carolina workers who are hurt or killed on the job. In 2022, NC employers reported about 2.2 nonfatal illnesses/injuries per 100 full-time workers, lower than the nationwide average of 2.7. In 2023, there were sadly 177 employees killed in work-related incidents.

Employee accidents happen each day, and if you’re hurt, it’s important to report your work accident to your company right away. Then, you should file NCIC Form 18 to begin your claim for workers’ compensation benefits. A knowledgeable North Carolina workers’ comp attorney can help with the entire process and further discuss your legal options.

While you’re not required to hire an attorney to file your benefits claim, an attorney can increase the success of your claim and help make the process less complicated. An attorney can help provide peace of mind while you move through the claim process.

FAQs

Is There Anything I Shouldn’t Say to a Workers’ Comp Claim Adjuster?

When speaking with a workers’ comp claim adjuster about your claim, avoid providing your financial information, saying you agree to be recorded, and making statements that could reduce your claim or minimize your sustained injuries. Instead, focus on short, factual responses to their questions.

Also, one of the many benefits of hiring an attorney is that they can sometimes handle the communications with an adjuster for you.

How Can I Find Out if My North Carolina Company Has Workers’ Comp Insurance?

To determine if your NC employer has workers’ comp insurance, you can visit the North Carolina Industrial Commission’s website to search their Workers’ Comp Insurance Coverage Search Tool. You can check their database to see whether your employer has workers’ comp insurance by searching your company name and/or their Federal Employer Identification Number (FEIN).

Alternatively, you can call (919) 807-2506 to speak with an NCIC representative or email [email protected] to confidentially inquire.

Can I Get a Lump Sum Settlement for Workers’ Comp?

For workers’ comp in North Carolina, you can get a lump-sum settlement for your recovery, and the amount depends on factors like your medical costs, your injury’s severity, and whether you’ve experienced any wage loss.

A lawyer can usually help maximize your claim value. People working without an experienced worker’s compensation attorney often make mistakes when handling their claim alone, and it’s recommended to speak with an attorney about what to consider when exploring any settlement options.

What Should I Avoid Saying to a Workers’ Comp Doctor?

If you’re speaking with a doctor who is approved by your employer to help with your accident-related injuries, avoid exaggerating your symptoms, lying, and/or providing negative opinions about your company. Instead, it’s important to provide honest, accurate information to your doctor so they can give a fair and complete assessment of your claim-related injuries.

An Experienced Workers’ Comp Attorney Can Help You Avoid Mistakes

The seasoned attorneys at Roberts Law Firm, P.A., have extensive experience handling workers’ comp claims, and they can use their experience to help you prevent making mistakes with your claim.

We can help maximize your benefits and provide assistance if your claim is denied. If your insurance benefits through workers’ comp do not adequately cover your losses, we can discuss whether you should file a civil claim for supplemental financial recovery.

Contact our office to discuss your unique situation and to set up your initial client consultation with an experienced attorney.