Mistakes to Avoid in a Winston-Salem Worker’s Compensation Claim
You are hurt on the job while performing your assignments for your boss, and now, you are unable to work. This situation happens to countless people every year. They are left injured with mounting medical expenses and unable to work to pay the bills.
In Winston-Salem, if you are injured in a work-related accident, you may be entitled to workers’ compensation. State law entitles you to monetary compensation for lost wages due to your injuries and being out of work, as well as medical compensation to treat your injuries until you can return to the job.
Although workers’ compensation law requires employers to provide these benefits for their employees, receiving the compensation is not always easy. The process can be lengthy and stressful. Any filing missteps along the way can cause a workers’ compensation claim to be delayed or denied. A seasoned workers’ compensation attorney could guide you through the process and maximize your chances of success. To learn more about the mistakes to avoid in a Winston-Salem workers’ compensation claim, reach out to a lawyer. These errors could keep you from obtaining the compensation benefits you need and deserve.
Not Reporting the Work Injury and Accident to the Company Within 30 Days
Making a report to an employer is a significant step in the workers’ compensation claim. A failure of an employee to inform their employer of a work-related injury may prevent the employee from receiving workers’ compensation. The injured employee should make sure they follow all written policies regarding reporting a job injury. Quickly inform supervisors, management, and co-workers about the incident.
It is important to know that there is a time limit in which an injured worker can report an on-the-job accident and injury. In Winston-Salem, an employee has 30 days to provide an employer with a written notice explaining their work-related injury. Not reporting an injury within 30 days after the accident is one of the biggest mistakes to avoid in a Winston-Salem workers’ compensation claim.
Not Submitting Form 18 in a Workers’ Compensation Claim
One of the requirements of the state’s Industrial Commission is for the injured worker to file Form 18. A failure to file Form 18 will hinder the progress of a claim. The document informs the Industrial Commission and employer of an injured worker’s claim for workers’ compensation benefits. An injured worker has two years to file a claim for benefits with the state’s Industrial Commission.
Not Providing a Complete or Honest Report to a Medical Doctor
Another one of the biggest mistakes in a Winston-Salem workers’ compensation claim is not providing a complete report of the injury to a doctor. Most workers’ compensation claims, as well as benefits, are based on official medical records of the injuries suffered during a worksite accident. Medical records carry much importance in a claim because they provide medical documentation of the injuries.
Content in the medical records should be an accurate and honest assessment of what happened and explain injuries sustained during the accident. Information shared during the initial visit will be included in the medical records, which will affect the outcome of the case and compensation benefits.
Not Obtaining a Second Opinion from Another Medical Doctor
An injured worker is required to visit a doctor chosen by the employer, which could cause a conflict of interest or incorrect diagnosis. Getting a second opinion is a good idea when the injured employee does not agree with the original diagnosis.
The employee has a legal right to visit their own doctor. The company doctor may order the employee to return to work before complete recovery is reached. The employee’s doctor may feel the injured worker is not ready to return to regular work duties and advise a continuation of workers’ compensation benefits.
Not Consulting a Winston-Salem Workers’ Compensation Attorney
Trying to file a claim alone is not a wise idea. The workers’ compensation process is complex and an insurance company representing an employer may not have the employee’s best interest in mind.
While trying to file a claim alone sounds like it would be a great way to save some money, it is more sensible to allow a workers’ compensation lawyer to be your well-versed legal advocate. They understand workers’ compensation law and how some unscrupulous insurance companies operate and could help you recognize the mistakes to avoid in a Winston-Salem worker’s compensation claim.
