Blog Post

3 Factors That Can Delay Your Workers' Compensation Claim

Admin • Jun 15, 2018
Work Injury Claim Paper

When an injury at work prevents you from earning an income — getting access to the money you need as quickly as possible is essential. However, filing a workers' compensation claim is a process, so you should not expect to receive payments the day after you have filed.

However, there are instances when a victim ends up waiting longer than they anticipated, and in some scenarios, the delay is something they could be partly responsible for. If you're concerned about the progression of your claim, then learn what role you might be playing in the wait.

1. Injury Reporting

When you are injured, it's vital that you speak up and report the injury as soon as possible. The compensation process won’t until you report the injury.
In the state of North Carolina, you have 30 days to report your injuries, but this does not mean that you should wait the entire period. Even more important, if you wait too long and the 30-day period expires, your employer could deny your workers' compensation claim, regardless of your injuries.
In addition to the initial report, you may be required to submit a personal statement to the insurance company, so ensure you make yourself available. Reporting your injuries promptly will also help ensure that your wage loss reporting is accurate so that you are compensated fairly. 

2. Medical Records

A thorough medical records review is important for both you and the insurance company. A review of the medical records helps ensure you get all the compensation you're due and it helps the insurance company ensure they aren't paying more than you are rightfully entitled to.
Any delay in the delivery of your records may delay the review step, and ultimately the processing of your claim. If a medical doctor provided by the insurance company is treating you, then the claims adjuster will have access to these records.
However, if you are seeing a personal doctor or have injuries that require you to see multiple specialists, the insurance company won't have automatic access to the records from the provider.
You can help ensure the claims adjuster has access to these records by communicating to each office the importance of responding to any record request from the insurance company as soon as possible. You could also sign a release with the insurance company so that the adjuster can view the records on their own. 

3. Witness Account

As part of the review and investigation process, insurance companies will sometimes request a witness account. You can also use a witness account to help strengthen your claim. However, no matter the requesting party, the claim cannot be processed until the witness account has been received and reviewed.
If you've asked a co-worker to submit a witness statement on your behalf, then do your part to collect the report as soon as possible by ensuring the person has the contact information for the attorney that is representing you.
If your claim ends up going to court, then the witness may have to provide this account in a deposition. Make sure your co-worker understands that they will need to be available for this process. You should also make sure you are relying on co-workers that will provide accurate and thorough information about the incident.   
While how fast you receive workers compensation isn't entirely in your hands, don't underestimate the role you can play in the overall process. At The Law Offices of James B. Gillespie, Jr., PLLC, we will review your  case  to help ensure you receive payments as quickly as possible. We look forward to working with you.
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