The vast majority of workers in Wilmington and around North Carolina are protected by workers’ compensation insurance policies. In fact, North Carolina law requires that all employers who have at least three employees subscribe to an insurance plan that provides emergency income to people who are injured or become ill due to an on-the-job incident.
North Carolina law strictly limits who can apply for these benefits and the steps that they must take to do so. Any failure on the part of an injured employee to follow this process can result in a denial of benefits and the need to endure a lengthy appeals process.
Knowing what to do after a work accident in Wilmington will help a person obtain essential medical care and improve their chances of receiving workers’ compensation benefits. An accomplished attorney could help people to understand this process and assist injured workers to correctly file their claims.
What Steps Should People Take after an Injury?
The first thing that any person should do after becoming injured at work is to seek out immediate medical care. When doing so, they should let the hospital staff know that the injury was related to an on-the-job incident. This will assist the staff to bill the correct insurance companies as well as to memorialize the incident as a job-related injury.
Next, workers must inform their employer of the accident. This includes both an in-person statement and a written accounting of what happened. These statements must be made no more than 30 days from the date of the injury. In addition, workers must file Form 18a with the North Carolina Industrial Commission. A failure to take either of these steps can result in the insurance company denying the claim, even if it is clear that the incident took place at work.
What Effect can a Failure to Take these Steps Have on a Case?
It is vitally important to both the future of a person’s case and their ability to collect benefits that they follow the required procedures. If a person gives an insurance company any legal way to deny a claim, that insurance company will do it.
If an insurance company denies a claim for any reason, a worker must endure a lengthy appeals process. This involves attending a mandatory mediation session before they can even take their case to court. These sessions can be helpful in resolving disputes, but a person’s best chance is often to take their case before a jury. Still, it is best if people can avoid either of these steps and file their workers’ compensation claims correctly. To learn more about what to do after a work accident in Wilmington, reach out to a lawyer.
Ask an Attorney How to Proceed After a Work Accident in Wilmington
Following the correct procedure after a workplace injury can provide benefits to both a person’s health and the strength of their case. All workers should immediately seek emergency treatment at the local hospital and let them know that the injury happened at work. Once their condition is stabilized, they must inform their workplace about the injury no more than 30 days afterward. Under no circumstances should a person return to work. Finally, they must file a form with the state’s Industrial Commission to satisfy the state’s requirements.
By knowing what to do after a work accident in Wilmington, a person can greatly increase their chances for a successful initial claim and avoid the long and complicated appeals process. If you need help managing your accident claim, get in touch with a veteran Wilmington workers’ compensation lawyer as soon as you can.
