How to File a Workers Compensation Claim in Gastonia, NC

Suffering an on-the-job injury or illness can be a terrifying and uncertain experience, and it can be wise to understand your legal options when it comes to recovering workers’ compensation benefits. Many individuals will find themselves wondering how to file a workers compensation claim in Gastonia, NC. At Roberts Law Firm, P.A., we have over 40 years of experience assisting folks just like you get the compensation they deserve, and we are ready to help.

The Step-by-Step Process for Workers’ Compensation Filing in Gastonia

In 2023, the United States Bureau of Labor Statistics reported that more than 2.6 million workplace injuries and illnesses occurred. Between 2021 and 2022, the state of North Carolina alone saw 57,616 claims of workers’ compensation opened. This is a rather staggering number, and many individuals will find that filing a claim for workers’ comp with their company’s insurance provider is not all that easy.

Many individuals will face a denial of their first workers’ comp claim. Having an attorney by your side who can walk you through all the necessary filing steps can help you mitigate your chances of facing an initial denial. The typical step-by-step process for filing for workers’ compensation in Gastonia includes the following:

• Report your injury: The very first step you will need to take when filing a workers’ compensation claim in Gastonia, North Carolina, is reporting your injury or accident to a supervisor or directly to your employer. You can do so in writing or orally, but having a written record of your report is the wiser choice. Reporting your injury can help ensure that your claim does not face denial for failing to meet state reporting requirements.
• Seek medical attention: It is then vital that you seek medical attention right away, even if you do not feel hurt. Make sure to make your doctor aware that your injury or illness is related to your work so that they can provide you with the necessary documentation. This medical evidence will play a crucial role in the overall process of compensation, so it is important that you keep a running record of all medical treatment.
• Fill out a Form 18 Workers’ Comp: You will then need to officially file your workers’ compensation claim with a complete Form 18 from the North Carolina Industrial Commission (NCIC), or as directly provided by your employer. Fill out the paperwork, accounting for as much detail as possible, including times, dates, and locations related to the injury and the names of any witnesses.If you have questions, you can call the NCIC helpline at (800) 688-8349. You will then need to submit this form and keep a copy.
• Wait for an official decision: Finally, once you have filled out your workers’ compensation claim and filed the paperwork with the NCIC, you will need to wait for their official decision. The NCIC will review your claim and determine whether or not you are eligible for benefits. If your claim is denied, you may be able to seek an official appeal. If an appeal becomes necessary, you should only do so with the help of a lawyer.

Common Employer Responses to Be Aware Of

In Gastonia, your employer can respond in a wide range of ways to your claim for workers’ compensation, including the following responses:

• Acceptance: This is the greatest possible outcome and occurs when your employer accepts the claim and begins to supply you with the workers’ compensation benefits as they relate to your work injury.
• Denial: An employer may also deny your claim, meaning that they believe you are not entitled to the benefits you are requesting. They must provide a reason for this denial, and you will have the ability to file an official appeal.
• Settlement negotiation: You may have the chance to negotiate a settlement with your employer for workers’ compensation benefits outside a formal hearing process. This can involve your employer agreeing to certain terms, such as you receiving benefits in the form of a lump sum payment.

FAQs

Q: What Areas of Employment See the Most Injuries or Illnesses?

A: North Carolina sees a wide range of workplace illnesses and injuries across a vast number of employment types. However, there are some employment types that are riskier than others. In fact, 53% of all occupational injuries and illnesses reported in 2023 occurred in areas of work like trade, transportation, education, healthcare services, and utilities.

Q: How Long Do I Have to File a Claim for Workers’ Compensation?

A: If you suffer a workplace injury or illness in Gastonia, North Carolina, you have to notify your employer about the injury or illness within 30 days. If you fail to meet this necessary deadline, you could lose your potential access to necessary forms of compensation through your employer’s workers’ compensation insurance.

Q: What Benefits Am I Entitled to Through Workers’ Comp?

A: Depending on the nature and severity of your work-related injury or illness, there are several kinds of compensation you may be able to seek, including compensation for medical expenses, lost wages, disability benefits, and wrongful death damages if a loved one dies as a result of their workplace injury or illness.

Q: How Can I Appeal a Workers’ Comp Denial?

A: If you suffer a denial of your initial claim for workers’ compensation benefits, the good news is that you still have legal options. With the help of an attorney, you can file a request for a hearing. You will then enter into mediation to try to settle the claim outside of court. If the mediation is not successful, you may be required to present evidence and your testimony at a hearing.

Speak with a Trusted Workers’ Compensation Lawyer in Gastonia Today

If you or a loved one has suffered an injury or illness related to your Gastonia place of employment, the team at Roberts Law Firm, P.A. is here to serve you. We know that your physical and financial stability are on the line when it comes to being injured at work, and we want to help you receive the benefits you deserve. Contact our offices today to schedule your consultation and learn more about our legal services.