Mistakes to Avoid When Filing for Durham Workers’ Compensation
If you were injured while at work, you might be looking to receive benefits through a claim under workers’ compensation. However, before proceeding, it might prove beneficial to reach out to a well-versed lawyer to discuss how to proceed.
After an on-the-job injury, it is important to understand the mistakes to avoid when filing for Durham workers’ compensation. For example, it is important to know that throughout North Carolina, it is illegal to fire an injured worker for filing a claim. By working with an attorney, you could have help to understand the claims system and work to file a claim that suits your needs.
Most Common Mistakes
One of the most common mistakes a person makes while seeking benefits through workers’ compensation is making certain statements to an insurance company about how their injury occurred. Often, they do not understand that anything they say might be twisted or used against them. For example, if they describe an injury in a certain way that could be interpreted as it happening while they were outside the scope of their employment, they might talk themselves out of their right to having a compensable claim.
Another mistake that might be made is if the injured worker does not believe that they are not hurt as badly as they truly are or do not want to cause trouble, and, therefore, do not report their injury. For example, they might believe the accident only resulted in a slight back sprain and that they will recover over time.
However, this might be a mistake, as the injury might be worse than originally believed or become exacerbated and turn into a herniated disc that requires surgery and extensive recovery time. Unfortunately, under these circumstances, if they are not on workers’ comp and they have the surgery on their own, they would not receive wage replacement benefits. Furthermore, if they wait too long to report an injury, they might be completely denied benefits.
What is Underreporting an Injury?
Underreporting an injury is when an employee does not report the full extent of the damage they have incurred. If done, this might hinder the success of a workers’ compensation claim—this is because the insurance company might claim that if the injury was not fully reported, certain elements of a claim may not be eligible.
For example, in a situation where a worker sustained multiple injuries, such as on their shoulder and knee, but the shoulders feels worse, the worker might concentrate on that during their report. If they do not mention the knee until three months later, however, any compensation for that injury would likely be denied for any workers’ comp benefits.
Misreading Application Forms
A common issue for many workers’ comp applicants is how complicated the associated forms can be to read. Because they are written by a state administrative agency, they are not often straight forward for a person to read. As a result, some applicants might be denied benefits from an otherwise-valid claim due to misreading the form. A knowledgeable attorney could help a claimant to understand the forms and file a properly-completed application in Durham.
Call an Attorney to Discuss Mistakes to Avoid When Filing for Durham Workers’ Compensation
If you were injured on the job, a skilled attorney might be able to help you avoid the most common mistakes that occur when filing for workers’ compensation in Durham. By having a legal professional on your side, you could have help with clarifying your conditions and filing a claim that accurately represents your needs.
When calling a law office for help, you should expect confidentiality, care, and respect. To discuss your circumstances, call a compassionate attorney today.