Determining the Validity of a Winston-Salem Worker’s Compensation Claim
Workers’ Compensation can provide critical benefits for those who suffer job-related injuries or illnesses including medical treatment, surgery, physical therapy, and can also provide for the partial payment of wages for a period of time.
However, to determine the validity of a Winston-Salem workers’ compensation claim, you generally must generally prove by a preponderance of the evidence that the accident or “specific traumatic incident” caused, contributed to or aggravated an injury or pre-existing injury during the course of employment.
To prove a workers’ compensation claim, workers need to carefully follow of all of the procedures and policies of their employer, their doctors, as well as the North Carolina Industrial Commission.
If you have questions or concerns about filing a workers’ compensation claim, contact a qualified workers’ compensation lawyer today. With decades of experience, an attorney could help you get the compensation that you deserve following your accident.
Meeting the Burden of Proof
Workers’ compensation is a no-fault system in Winston-Salem, which means that a worker does not need to prove that their employer is responsible for an accident, rather merely that an accident and injury has occurred during the course of employment.
Proving the validity of a Winston-Salem workers’ compensation claim means not only proving an injury occurred during the course of employment but also means meeting all of the filing requirements.
Proving an Injury During the Course of Employment
As stated above, a worker needs to demonstrate that they suffered an injury during the course of their employment. For an employment-related accident, the worker must prove by the same preponderance of the evidence that the accident or “specific traumatic incident” caused, contributed to or aggravated an injury or pre-existing injury.
An injured worker must be able to provide evidence to the North Carolina Industrial Commission to show when, within a reasonable period, the specific injury occurred. The evidence must show that there was some event that caused the injury, not a gradual deterioration.
Proving an Occupational Disease
An occupational disease can generally be defined as a disease or illness that a worker acquires because of a condition in their place of employment. For a worker to recover workers’ compensation benefits for an occupational disease, that worker must prove by a “greater weight‟ of the evidence or a “preponderance‟ of the evidence the following:
- That the workers’ employment exposed the worker to a greater risk of contracting the disease than the general public
- That the workers’ employment caused him to contract the disease, or that it significantly contributed to or aggravated the disease
Occupational diseases may be present in almost every industry, however, are far more common in heavy industries such as construction and manufacturing.
Put the Claim in Writing
After an injury, it is important that a worker inform their employer of an injury preferably through writing. Also, it is critical that a worker inform their employer of their injury in writing within 30 days of the accident.
An injured worker needs to properly fill out and complete Form 18, titled Notice of Accident to Employer and Claim of Employee, Representative of Dependent for North Carolina Workers’ Compensation Benefits. After determining the validity of a Winston-Salem workers’ compensation claim, an attorney could help an individual put the claim in writing.
How a Workers’ Compensation Attorney in Winston-Salem Could Help
Determining the validity of a workers’ compensation claim is essential if you want to secure benefits for medical expenses, lost wages, and disability. It is important that workers carefully follow all of their employer’s and doctor’s instructions in a workers’ compensation claim.
However, having an experienced workers’ compensation lawyer on your side could ensure that your claim is treated fairly and you receive the proper workers’ compensation benefits.