Applying For Workers Compensation in Raleigh
When someone is seeking worker’s compensation for an injury suffered at work, there is an application process and certain information that they should be aware of. The exact application process may differ somewhat depending on the nature and circumstances of the incident, as well as the insurance company involved, but a Raleigh worker’s compensation lawyer can help guide an applicant through the process. A lawyer can instruct the applicant on what information they need, and what steps they need to take in order to file a successful claim.
Information on the Application Process
There are certain pieces of information which an injured person should provide to their lawyer to get started on filing a claim. The injured person needs to know the date and the description of the incident. They often need to know the names or identities of any witnesses who may have observed the accident. They need to know the names of any doctors or providers, as well as any treatment recommendations and out-of-work notes.
Potential Difficulties
The difficulty or ease of applying for workers’ compensation depends on the nature of the insurance company in question. Some insurance companies and employers are very good at helping their employees apply to obtain workers’ compensation. Other insurance companies can be very difficult to get in touch with to help start a claims process. Often, that depends on the nature of the incident and the insurance company.
Steps Involved in Applying
The first step in the application process is putting the employer on notice of the claim, so that the employer has time to investigate the claim and make sure it is valid. The employer can also contact their insurance company and get them involved in setting up the claims. At the beginning, there is often an investigative period that requires the injured worker and the employee give recorded statements so the employer can understand what happened.
To avoid having future medical treatment once a person’s workers’ compensation is approved, they should be truthful with their doctors. They should keep up with their medical employment and attend any and all therapy prescribed, be compliant with their treatment and medications, and keep the insurance company updated about any change of their medical situation.
Denial of Compensation
The Industrial Commission must find that the injured worker is credible in their description of what led to the accident and injury. The Industrial Commission must also believe that the medical evidence supports causation between the injury and the accident.
One of the most common reasons a workers’ compensation claim is denied is the credibility of one of the witnesses, including the injured worker. Another reason is that medical treatment is sometimes not related to the accident itself. If the doctor is unwilling to testify that the treatment is related, you can state a claim when that kind of scenario gets denied.
If a person’s workers’ compensation claim is denied, they should contact a lawyer immediately.
Appealing Denial
An appeal of a worker’s compensation denial must be filed with the North Carolina Industrial Commission. The Industrial Commission includes the administrative courts that oversee all workers compensation claims in Raleigh and North Carolina. There are several levels of appeals within the North Carolina Industrial Commission. If there is a denial, it is highly recommended to have an attorney to help navigate the process at the Industrial Commission because it is very much a courtroom adversarial setting.
A lawyer can review all the evidence, look at the medical records, speak to the witnesses, and determine if an appeal can be successful. In lieu of appeal, the attorney can also explore settlement options with the defendant employer and the defendant insurance company.
Benefit of Experienced Legal Counsel in Raleigh
The workers’ compensation process can be very stressful for a family whose earner experienced a work place injury. Much of the anxiety is because the injured worker is not sure about applying for benefits or how to prevent making mistakes on their benefits.
A lawyer takes away that anxiety because they are able to handle the matters for them. Dealing with insurance companies is what they do. Turning that over to an experienced attorney is a great benefit to a family experiencing this work related injury. They can make sure that the family or the injured worker receives all of the benefits they are entitled to.
