What Can Prevent You from Receiving Workers’ Compensation in Greensboro, NC?
Workers’ compensation is a no-fault insurance system for employees injured on the job. Under the system, employees can recover benefits for medical bills and partial replacement of lost wages after a workplace injury without needing to prove their employer was at fault. In exchange, injured employees typically cannot sue their employers for their injuries.
However, the system is not perfect, and there are several circumstances where you could lose your right to seek North Carolina workers’ compensation benefits. In some cases, the employer or insurance company might make inaccurate allegations in an attempt to block your right to receive workers’ compensation benefits.
For help determining your workers’ compensation eligibility, contact Ward Black Law. During your free case review, our workers’ compensation attorneys in Greensboro, NC, will review your claim and explain its strengths and weaknesses. An experienced attorney at our law firm can then advise you on your best legal options for seeking maximum benefits.
Failure to Report the Injury on Time
One of the most straightforward reasons a workers’ compensation claim could be denied is that the injured worker did not report their work-related injuries to their employer on time. Under North Carolina’s Workers’ Compensation Act, employees must report their injuries to their employers within 30 days of the incident that caused them. If your injury results from repetitive stress, you must report it within 30 days of recognizing that the injury is connected to your employment.
Despite having 30 days, it is best to report your injury as soon as possible so you do not accidentally miss the deadline. You should also report the injury both verbally and in writing, preferably by email, so you can retain a copy of the notice in case your employer denies receiving it.
Injury Occurred Outside of Work
If your injury occurred outside the context of work, workers’ compensation will not cover it. For example, if your injury occurs during your commute, you will generally not be covered. However, you might be covered if your injury occurs on company property, even if you’re clocked out.
Sometimes, employers will claim that an injury occurred outside of work. That is particularly common in cases of repetitive stress injuries. For example, your employer may argue that your injury could be from activities you participate in on your own time rather than work duties. Solid medical evidence can rebut such claims. It is crucial to work with our skilled attorneys who can help you gather the evidence necessary to prove that your injury is work-related.
Employer Disputes the Claim
Your employer may dispute your claim by saying you are not injured. They may do this because they do not want their workers’ compensation insurance rate to increase after you file your claim.
To fight back against this employer tactic, it is vital that you have extensive medical evidence to back up your injury claim. Medical images, including X-rays and MRI scans, can prove you suffered an injury, and your doctor’s notes and recommended treatments can illustrate the severity and extent of your injury.
When you first see your medical provider, be sure to tell them that you got hurt at work. When the doctor’s record reflects that your injury was work-related, it strengthens your workers’ compensation claim.
Injury Was Self-Inflicted or Due to Misconduct
Workers’ compensation does not cover self-inflicted injuries if they were intentional. If your injury was due to an accident of your own making, that is still typically covered because workers’ compensation is a no-fault system. However, if you intentionally harmed yourself, you cannot recover workers’ compensation benefits for that injury.
Additionally, if you engaged in certain misconduct that resulted in an injury, you may not be eligible for workers’ compensation. For example, if you engaged in roughhousing or horseplay and got hurt, you might be ineligible for workers’ compensation benefits.
Our attorneys can help you fight allegations of self-inflicted injuries or misconduct.
Injured Worker Was Under the Influence of Drugs or Alcohol
If you were under the influence of drugs or alcohol when you were injured, you may be unable to recover workers’ compensation benefits. Being under the influence while on the job may count as misconduct, barring you from the workers’ compensation system, particularly if your intoxication contributed to the incident.
Our law firm can help you dispute inaccurate allegations of alcohol or drug impairment in your workers’ compensation case.
Not Seeking Medical Treatment or Ignoring Doctor’s Orders
Along with reporting the incident to your employer, seeking medical attention is one of the most critical steps after a workplace injury. If you do not seek medical treatment, the insurance company may assume your injuries are not real or are not as severe as you claim they are. That is also the case if you ignore your doctor’s orders or stop receiving treatment before your doctor says you are fully recovered.
By seeking medical attention, you create a paper trail of your injury, including your diagnosis, prognosis, and recommended treatments. That is all vital for your workers’ compensation claim and your well-being.
Classification as an Independent Contractor
Workers’ compensation covers employees only. If you are an independent contractor, you are likely unable to seek benefits through workers’ compensation. However, you can seek compensation by filing a personal injury lawsuit against your employer if their negligence contributed to your injuries.
Just because your employer classifies you as an independent contractor does not mean you are not an employee for workers’ compensation purposes. Some employers misclassify employees as independent contractors to get out of paying for workers’ compensation insurance.
The law looks at the actual relationship, not the label. You may be an employee for workers’ compensation purposes if your employer exerts significant control over when, where, and how you perform your job duties. Our workers’ compensation lawyers can help you determine whether your employer misclassified you as an independent contractor and if you are eligible to seek benefits.
How Our Greensboro Workers’ Compensation Lawyers Can Help You
After a workplace injury, you need our award-winning attorneys for the seriously injured. Our workers’ compensation lawyers are ready to investigate the incident that caused your injury, calculate your losses, determine your eligibility for workers’ compensation, file your claim, represent you in negotiations with the insurance company, and take your case to court if needed. We can also explore any potential personal injury claims you may have against non-employer third parties responsible for your injuries.
Contact Ward Black Law for a free claim review with one of our workers’ compensation attorneys in Greensboro, NC. During your initial consultation, we will review your case and answer any questions you have about the workers’ compensation process.
