The Short Answer
If you get hurt on the job, you should immediately inform your employer about your injury and seek medical attention as soon as possible. Clearly communicate to your doctor and employer that your injury is work-related to ensure it is documented appropriately. Following up on all medical appointments and keeping thorough records will help strengthen your claim and support your recovery. It’s equally important to avoid mistakes that can weaken your claim or cause you to lose coverage.
Key Takeaways
- Timely reporting and accurate documentation are critical to ensuring a worker’s comp claim is processed smoothly.
- Seeking medical care from an approved provider and following your doctor’s instructions will strengthen your case.
- North Carolina workers’ compensation law has unique requirements, such as notifying your employer of your injury within 30 days.
- A workers’ compensation lawyer can protect your rights, address disputes, and help secure fair compensation if your claim is denied or undervalued.
- Don’t speak to insurance companies or sign any documents related to your injury without an attorney’s review.
- Do not accept out-of-pocket payments from your employer for medical expenses.
- Send medical bills to the employer’s insurance provider, not through your private health insurance.
- To avoid losing workers’ compensation, avoid returning to work too early, don’t exceed your activity restrictions, attend all medical appointments, and don’t work another job without reporting it.
Keep reading to learn everything you need to know about what you should and shouldn’t do after getting hurt at work. And if you have any questions about the process, contact a workers’ compensation lawyer who can assist in securing the benefits you may deserve. Lewis & Keller can guide you every step of the way, whether you’re in Winston-Salem, Greensboro, Lexington, Salisbury, or elsewhere in North Carolina.
What To Do After a Work Injury
1. Seek Medical Help
When you get hurt on the job, your health should always come first. Seeking medical attention immediately is critical for your well-being and for documenting your injury. Acting quickly ensures you meet the 30-day reporting deadline and prevents complications in both your recovery and your ability to secure benefits.
Can You See a Doctor of Your Choice?
In North Carolina, workers’ compensation law typically requires injured employees to visit a doctor chosen or approved by their employer or the employer’s insurance provider. While this can feel restrictive, following this rule helps ensure your medical bills are covered.
If you’re unhappy with the treatment you’re receiving, you may request a second opinion or seek approval to switch to a different provider. A workers’ compensation lawyer can help you navigate this process and help ensure you receive the care you need.
Be Sure to Tell the Doctor It’s for a Work Injury
When speaking with your doctor, inform them that your injury occurred at work. This ensures your medical records clearly state the injury is work-related, which is necessary for your workers’ compensation claim. Be specific about how and when the injury happened, as incomplete or vague details can create problems later. Accurate medical documentation strengthens your claim and helps establish the connection between your injury and your workplace.
2. Report the Injury to Your Employer
After seeking medical attention, the next step is to report the injury to your employer as soon as possible. Prompt reporting not only helps ensure compliance with North Carolina’s workers’ compensation laws but also helps prevent unnecessary delays or disputes in processing your claim.
Make Sure an Accident Report Is Filed
When you inform your employer about the injury, make sure that a formal accident report is completed. This report is a key piece of documentation for your workers’ compensation claim, as it details the circumstances surrounding your injury. Verify that all details, such as the date, time, location, and description of the incident, are accurate and thorough. For more information on this process, visit our guide on how to file a work-related accident report.
Get a Copy of the Report
Always request a copy of the accident report for your records. This document can be vital if there are disputes or delays in your claim, as it provides evidence of when and how the injury occurred. Keep it in a safe place along with other documents related to your injury, such as medical records and communication with your employer. Having this information readily available will make it easier to support your claim if challenges arise.
3. Follow Your Doctor’s Advice and Keep Records of Treatment
After receiving medical care, follow your doctor’s recommendations closely. This includes attending all follow-up appointments, taking prescribed medications, and adhering to any physical restrictions or therapy programs. Not following your doctor’s advice can give the insurance company a reason to dispute your claim or argue that your injury isn’t as serious as reported.
Keeping detailed records of your treatment is equally important. Document all visits, prescriptions, and treatments related to your injury. These records serve as evidence of the medical care you’ve received and help demonstrate the severity of your condition.
Know Where To Send Your Medical Bills
In North Carolina, workers’ compensation should cover your medical bills related to the injury, but it’s your responsibility to ensure those bills are sent to the correct place. Typically, your employer or their insurance provider will provide instructions on where to send medical bills. Confirm this information to avoid unnecessary delays in payment. If you’re unsure or face complications, consulting with an attorney can help ensure everything is properly handled.
4. Contact a Lawyer
Navigating the workers’ compensation process can be complex, especially if your claim is denied or if you encounter delays in receiving benefits. Contacting a workers’ compensation lawyer can make a significant difference in protecting your rights and securing the benefits you may deserve. A lawyer can help you gather evidence, negotiate with insurance companies, and represent you in hearings if necessary.
Understanding how an attorney can help during this process is crucial. Legal representation helps ensure that your claim is filed correctly and that you receive fair compensation for medical bills, lost wages, and other damages. Acting quickly to secure legal guidance can prevent costly mistakes and improve your chances of a successful outcome.
What Not to Do After a Work Injury
1. Don’t Let Your Employer Pay Your Medical Bills out of Pocket
Some employers will, in the event of an injury, pay the medical bills out of their own pocket without informing their insurance agency of what has happened.
Even though this may appear to be a generous act, it prevents the worker from building a case and obtaining greater compensation if necessary. For instance, if the injuries proved more severe, required further treatment, or caused chronic pain down the road, the insurance agency would have no record of the accident.
2. Don’t Use Your Medical Insurance
You are entitled to workers’ compensation insurance, and, as such, you may use this insurance to pay your medical bills. If you choose to deal with medical expenses using your personal medical insurance though, you may end up forfeiting a valid workers’ comp case and be partly on the hook for your own injuries.
Additionally, if you do receive compensation from your personal medical insurance, you may be required to pay back those expenses if you later receive workers’ compensation benefits for the same injury.
Rather than using your medical insurance to deal with your injuries, be sure to use the workers’ compensation insurance benefits you’ve been awarded.
3. Don’t Speak to an Insurance Agency Without a Lawyer
The goal of an insurance agency in this context is to minimize the amount of compensation paid out. Speaking to an insurance agency without a lawyer present can easily lead to your workers’ compensation claim being denied.
Even seemingly innocent conversations can be used against you by the insurance agency to deny or minimize your claim. For example, if you make an offhand statement about your injury being minor or not really affecting your ability to work, the insurance agency could use that statement to argue that you don’t deserve benefits.
No matter the conversation you are having, make sure that you have a lawyer with you while speaking with an insurance agency. Your lawyer can guide you on what to say and what not to say, intervene if the conversation starts to go in a direction that could harm your case, and help strengthen your claim in all of these discussions.
4. Don’t Sign Anything
You may be pressured by your employer or their insurance company to sign documents, such as a settlement agreement or a medical release form, but it is crucial to resist this pressure and not sign anything without consulting your lawyer first.
Signing documents related to your work injury without proper understanding or legal guidance can have serious consequences on your workers’ compensation claim. For example, a settlement agreement may contain a clause that waives your right to pursue any further legal action related to your injury, even if your condition worsens in the future.
Your lawyer can review any documents presented to you, explain their contents and implications, and advise you on whether or not to sign them.
What Not to Do While On Workers’ Comp
1. Don’t Miss Doctor’s Appointments
Attending all scheduled medical appointments is crucial when you are receiving workers’ compensation benefits. Missing appointments can signal to the insurance company that your injury isn’t serious, giving them grounds to deny or reduce your benefits.
If you need to reschedule, contact your doctor’s office immediately and document all changes. Consistent medical care not only supports your recovery but also creates a clear record showing your commitment to following the prescribed treatment plan.
2. Don’t Work Another Job Without Reporting It
Working another job—even a part-time or light-duty role—without informing your employer or the insurance company can seriously jeopardize your workers’ compensation claim. Doing so can be viewed as fraud, which may result in losing your benefits and facing legal consequences.
If you are medically cleared to work elsewhere or begin earning wages in any capacity, you must disclose this information. Transparency protects your rights and prevents accusations that could undermine your entire claim.
3. Don’t Return to Work Early
Returning to work before your doctor authorizes it can put your health and your workers’ compensation claim at risk. Even if you feel better, pushing yourself too soon could worsen your injury and complicate your recovery.
Always wait for official medical clearance before resuming work duties. If your employer pressures you to return early, speak with your doctor and an attorney to ensure your rights and health are fully protected.
4. Don’t Exceed Activity Restrictions
If your doctor places restrictions on your activities—such as lifting limits or standing time—it’s essential to strictly follow those guidelines. Insurance companies often monitor claimants for signs of non-compliance, and exceeding restrictions can be used to question the legitimacy of your injury.
Stick closely to your prescribed limitations, even outside of work. Adhering to these restrictions not only supports your recovery but also helps maintain the credibility of your workers’ compensation claim.
Understanding Eligibility for Workers’ Compensation After a Work Injury
Workers’ compensation is designed to provide benefits for employees who suffer injuries or illnesses on the job, but not everyone is automatically eligible.
One of the most important factors is filing your claim on time. North Carolina requires workers to notify their employer of an injury within 30 days and file a claim within 2 years of the incident. It’s important to act quickly because missing these deadlines can jeopardize your eligibility for benefits.
It’s also important to know that some workers may be excluded from workers’ comp, such as independent contractors or certain agricultural workers. If you’re unsure whether your employment status affects your eligibility, talking to an attorney can clarify your situation and protect your rights.
FAQs
What Should I Do If My Workers’ Comp Claim Is Denied?
If your workers’ compensation claim is denied, don’t panic. Denials often happen due to paperwork errors, missed deadlines, or disputes over whether the injury is work-related. Understanding the reasons for claim denial can help you address the issue and file an appeal. A workers’ compensation lawyer can guide you through the appeals process to help ensure you receive the benefits you may deserve.
What Is the Employer’s Responsibility When a Worker Is Injured?
Employers have several responsibilities when a worker is injured. They must ensure the injury is reported to their insurance provider, assist in filing the necessary paperwork, and provide access to medical treatment as required by workers’ compensation laws. If your employer is not fulfilling their responsibilities, an attorney can help hold them accountable and protect your rights.
If I Get Injured at Work, Do I Get Paid?
Yes, workers’ compensation provides benefits to cover lost wages and medical expenses if you are injured on the job. The type and amount of benefits you receive depend on the severity of your injury and how long you’re unable to work.
I Got Injured at Work, Can I Sue?
In most cases, workers’ compensation prevents employees from suing their employers directly. However, there are exceptions, such as when an employer’s intentional actions caused the injury. In certain situations, you may be able to sue your employer or a third party for damages beyond workers’ compensation in certain circumstances. An attorney from our office can clarify your options.
How Long Do I Have To See a Doctor After a Work Injury?
It’s best to see a doctor immediately after a work injury to document your condition and begin treatment. In North Carolina, delaying medical attention could jeopardize your claim, as timely care establishes the connection between your injury and your job. Always follow any time limits set by your employer’s workers’ comp policy or the state’s laws.
If I Get Hurt at Work, Who Pays?
Workers’ compensation insurance is designed to cover the costs of work-related injuries, including medical bills and a portion of lost wages. In most cases, your employer’s insurance provider is responsible for paying these benefits. If disputes arise about payment, a lawyer can help you secure the coverage you may be entitled to.
What Is a Work Injury?
A work injury is any physical or mental injury that arises from normal work activities. Work injuries can occur suddenly, such as a fall or a collision, or develop gradually over time, such as repetitive strain injuries or hearing loss. In the state of North Carolina, some common types of work injuries include:
- Construction workers being struck by falling objects
- Janitors slipping on wet floors or tripping on debris
- Delivery drivers getting into car accidents while on duty
- Cooks burning themselves on hot equipment or suffering cuts from sharp utensils
- Warehouse workers injuring their backs while lifting heavy objects or operating machinery
These are just a few examples of work injuries that can happen in different occupations and industries. It’s worth noting that work injuries can happen to anyone, regardless of their job title or level of experience. Workers’ compensation benefits can help cover your medical expenses and lost wages while you recover.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that provides benefits to employees injured or disabled due to their job duties. In North Carolina, most employers with 3 or more employees are required by law to carry this insurance under the North Carolina Workers’ Compensation Act, allowing eligible workers to receive benefits without needing to prove employer negligence.
If you’re hurt at work, you have the right to pursue compensation for medical expenses and lost wages. However, disputes can arise, and some employers or their insurance carriers may challenge or deny claims. Promptly reporting your injury, seeking medical care, and filing the proper paperwork, such as Form 18 with the North Carolina Industrial Commission, can help protect your rights.
If your claim is delayed or denied, consulting a North Carolina workers’ compensation attorney can help you navigate the process and strengthen your case. Legal guidance can make a significant difference in securing the benefits you need to recover and move forward.
What is Covered by Workers’ Comp?
Generally speaking, employees will be covered by workers’ compensation insurance payments if they have been injured at the workplace. These injuries can run the gamut from related illnesses, such as those caused by asbestos exposure and other toxic substances, to physical injuries. Sometimes, a workplace accident can even result in temporary to permanent disability, for which simple workers’ compensation will not be enough long term.
In these cases, it might be necessary to sue for further damages, although employees are often told they give up their ability to sue when they accept workers’ compensation payments. However, there are some exceptions to this rule, for example, if an employer caused intentional harm or failed to provide workers’ comp coverage.
How Can I Prove My Employer Was at Fault?
To be clear, you do not have to prove fault to receive workers’ compensation benefits. You only have to prove fault if you’re pursuing a lawsuit.
If you decide to file a lawsuit, you have to show the court that your employer actively disregarded proper protocol and workplace safety, which directly caused your injury. A good way to gauge employer negligence is by comparing the cause of your case to the mandated workplace safety regulations set by OSHA (Occupational Safety and Health Administration). For example, if your employer intentionally removed safety equipment or failed to adhere to common federal regulations, you might have a case.
Contact a Board-Certified WC Specialist Today!
Navigating the workers’ compensation process can feel overwhelming, especially when you’re recovering from a work-related injury. Knowing how to apply and understanding your rights is could make a difference when avoiding delays and ensuring your claim is handled correctly. A well-prepared claim can make all the difference in securing the benefits you need.
If you’re facing challenges with your claim or have questions about eligibility, our Board-Certified WC Specialist can provide the guidance and support you deserve. With the right attorney by your side, you can focus on your recovery while ensuring your claim is properly managed and your rights are protected. Don’t wait—contact us today to learn how we can help.
