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Filing A Workers' Compensation Claim? Two Reasons To Talk To A Personal Injury Attorney First

Admin • Jun 26, 2017

When you need to make a workers' compensation claim for an injury or illness you received on the job, you'll be required to fill out many forms. It's important to be honest and truthful on these forms. However, your employer may use your own words against you to try to deny you any assistance with your medical bills or lost wages.

To protect yourself and help ensure your future benefits, it's important that you consult with an attorney who understands workers' compensation law and personal injury cases. There are two big reasons why.

You Are on a Deadline

In most states, there are rules that require you to notify your employer of a workplace illness, injury or accident within a timely manner. In North Carolina, you must report your occupational disease or injury to your employer as soon as you are injured or receive a diagnosis of occupational illness.
Additionally, you must provide a written notice of your illness or injury to your employer within 30 days. Some employers have their own forms you must complete, and these should qualify as written reports in most cases. If you don't fill out the forms and submit them properly, your claim may be delayed or denied.
Aside from the immediate report of injury and your written report to your employer, you must complete another form to comply with your state's labor laws. In North Carolina, the basic form is called Form 18. There are also specific forms for lung disease and other issues. These additional forms must be completed by the deadline when you want to make a workers' compensation claim for special injuries or illness. 
In the case of Form 18, you must complete and submit the document as soon as possible to your employer and to the North Carolina Industrial Commission (NCIC). You have up to two years from the injury or illness date to do so, but that date may be disputed in court if your injury occurred gradually. When you hire an attorney, the office will help you complete all of the forms in a timely manner,

You Must Prove You're Entitled to Workers’ Compensation Benefits

Without guidance, you may say or write the wrong thing on your workers' compensation claim forms. Incorrect statements will harm your case. For example, you may unknowingly admit to wrongdoing or a workplace error that puts the responsibility for your injury on your actions rather than your work environment.
Your employer may try to claim that you're a contractor rather than an actual employer. That's because, under U.S. labor laws, businesses do not have to provide workers' compensation insurance for contracted employees. Your attorney will make certain you are classified correctly as an employee on any documentation related to your case. 
If it turns out that you are a contracted worker, and you can prove that negligence or an accident in the workplace caused your injury, all is not lost. Your personal injury lawyer will help you fight to receive the help you seek for lost pay and medical bills. Your attorney can sue the employer directly in that case.
Some employers do not carry workers' compensation insurance, even though they're supposed to. Your attorney will be able to learn if your employer bought coverage for workers and will notify the insurance carrier. If your employer does not carry coverage for your injury, your attorney will help you report the employer. A personal injury attorney will also attempt to recover your losses through the courts in the case of an uncovered injury or illness.
Before you fill out any forms, contact the Law Offices of James B. Gillespie, Jr PLLC. We'll help you complete your paperwork the right way from the very start, so your claim or lawsuit can go forward.
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