COVID-19: Your safety is our priority. Amidst the COVID-19 outbreak, we are doing our part to keep our clients and team members safe and healthy. The wheels of justice are still moving, but you can stay home while we fight for you. Learn More about the precautions Whitley Law Firm is taking to minimize the spread of COVID-19 and read more about Frequently Asked Questions regarding how the outbreak could affect your case.

If you were injured in a workplace injury, one of the first things you will want to do is figure out a way to be compensated financially. You will likely need to miss time from work, will have medical bills, and may be affected in a myriad of other ways.

In that sense, it is extremely important to know which mistakes to avoid in a Wilmington workers’ compensation claim so that you can ultimately receive the compensation you deserve.

Workers’ compensation claims operate under a different set of rules as compared to the traditional North Carolinian civil court remedy system. To discuss your workers’ compensation case, contact a qualified attorney.

Avoid Talking to the Insurance Adjuster Without an Attorney

You may have already spoken to your employer’s insurance adjuster. This person is responsible for representing your employer’s insurance company in their negotiations with you. It is important to avoid giving any intimate details to the insurance adjuster without first consulting with an experienced workers’ compensation attorney.

This is true for a few primary reasons. Chief amongst these reasons is that you may be at risk of disclosing details that will give the insurance adjuster an upper hand in negotiations with you.

Doing something as simple as giving a recorded statement without an attorney present may forever alter your chances of fully recovering financially from your workplace injury.

Two Vital Timing Requirements

It’s also important that you understand what is required of you in order to craft a successful workers’ compensation case. The first thing you should know is that you’re required to report your accident within 30 days of its occurrence. This must be done in the form of a written notice provided to your employer. If you fail to provide notice within 30 days, you will likely be unable to ever recover from your injury, unless you have a legally recognized excuse for doing so.

It’s also important to note that workers’ compensation claims in North Carolina carry a two-year statute of limitations. This means that if you fail to seek a financial remedy for your injury within two years of its occurrence, you will be barred from recovery.

These timing requirements should inform how quickly you seek the help of a qualified attorney. Be sure to give your attorney plenty of time to help you satisfy both of these requirements to ensure that you do not risk losing any potential award.

General Case Requirements

One of the biggest mistakes to avoid in a Wilmington workers’ compensation claim is failing to satisfy the requirements of recovery. There are three key elements of a successful workers’ compensation claim that you should make sure you satisfy. These are:

  • That the employee suffered an injury by accident
  • That the injury arose out of employment
  • That the injury was sustained in the course of employment.

Ensuring that you satisfy all these requirements will help you avoid potentially wasting your time trying to recover under a workers’ compensation theory if you do not have a credible claim. Conversely, realizing that your injury satisfies these requirements may give you the confidence you need to move forward with your case.

An Attorney Could Help Navigate Wilmington Workers’ Compensation Cases

One of the best ways to make sense of this complicated area of law is to work with an experienced workers’ compensation attorney in Wilmington. This will help you avoid making mistakes that could prove fatal to your chances of financial recovery. If you could use some help after suffering a workplace injury, contact today to learn about the mistakes to avoid in a Wilmington workers’ compensation claim.