When a workplace accident causes an injury, the best course of action is to meet with an experienced North Carolina or Virginia workers’ compensation lawyer. A respected lawyer will explain your rights, what practical and legal steps you should take, and how the litigation process works.
Workers, who act on their own, often make the following mistakes which can cause them to lose their case, to lose certain benefits, or to fail to properly get all the compensation and medical care they deserve.
Some of the more common mistakes employees make are:
- Failing to properly and timely report their injury to their employer. A delay in notifying your manager, supervisor, or employer that you’ve had a workplace accident can mean that you forfeit your rights to benefits. It also affects your credibility. Employers and their insurance companies are likely to argue that if you were really injured, you would have told someone right away. Employees who suffer an accident at the work site are usually likely to tell a manager. Many workers who work away from the main company site often fail to notify their employer of the accident.
Many employers have written guidelines or manuals for what to do when a workplace accident occurs. Employees should follow the procedures set forth in these documents. These typically involve filling out some kind of accident report. If there is no written policy, then you should tell a manager or supervisor– and as many other people as possible. Employers need to know about the accident promptly so they know your claim is legitimate. Good employers will also take steps to correct whatever may have caused the accident so other workers aren’t injured too.
Employees who fail to give prompt notice may still be able to file a claim – especially if it is clear the employer had actual knowledge of the accident – such as being told by one of your co-workers.
- Not meeting the deadlines for filing for state workers’ compensation benefits. In both Virginia and North Carolina, employees can’t wait forever to file a claim. Employees should speak with trusted legal counsel who will explain the time limits and work to file your claim in a proper and timely manner. In most instances, if you fail to file the appropriate paperwork within two years of the accident, you will forfeit all benefits.
- Not getting medical treatment right away. Delayed treatment hurts your chances for getting the best medical recovery and also proving your claim. Doctors are best able to treat patients when the patient sees a doctor as soon as possible. Delayed treatment can also hurt your workers’ compensation claim. Insurance companies are likely to argue you weren’t really hurt if you didn’t see a doctor right away.
- Not telling your employer what really hurts. Simple comments like saying you’re fine or it’s no bother – when you really do hurt, can be used against you. It is better to seek medical attention as soon as possible. If it turns out to be nothing to worry about, then fine. But many times the most severe symptoms of an injury take time to manifest.
- Not telling your doctors how the accident happened. Employees need to tell their physician or other healthcare provider how the accident happened, that it happened at work, and that the workplace conditions are what caused the accident. If doctors don’t properly document that your accident was work-related, the insurance company for the employer may try to claim your injuries were due to non-work-related causes. DO NOT listen if your employer asks you to “work with them” and not tell the ER or other doctor that you were injured at work. You should also tell each doctor who is treating you for work-related injuries that a workplace accident caused your harm – not just the first doctor you see. We have seen legitimately injured workers ruin their cases because of their failure to give a proper history of injury to their healthcare providers.
- Not following through with the recommended medical treatments. Workers who fail to follow the advice of their treating doctors may find that the employer will seek to terminate your medical bills and comp checks because you’re not doing what you need to do to get better. Not following the doctor’s recommendations can also jeopardize your chances of a healthy recovery. If you think the recommended treatment is unwise, then you should seek the opinion of a qualified workers compensation attorney. In Virginia, you can always seek the opinion of another doctor, even if the cost of that opinion initially comes out of your own pocket; however, in North Carolina, if you want a second opinion to be considered, you must seek the approval of the Industrial Commission. Side opinions paid for by you will not be considered in North Carolina.
Employers even have the right to hire nurse case managers who, in theory, are used by the employer to help you make your appointments and have all your questions answered. In practice, the nurse case managers work for the employer and not you. They will be monitoring your medical appointments and treatments. If you fail to see your doctors or follow-through with the recommended treatments, the nurse case managers will alert their employer who may, then, seek to terminate your benefits. In Virginia, once an Application to terminate benefits is filed, your benefits stop IMMEDIATELY, and it may take months or even years to re-activate them.
- Failing to comply with vocational rehabilitation requirements. If it is clear you cannot do the job you did before the workplace accident, the workers comp insurance carrier may opt to either attempt to retrain you for new work, or supposedly try to find you work that you are physically able to do. As part of the vocational rehabilitation requirements, you must also seek out work that meets your new skills, usually by being given specific job leads by the vocational rehabilitation counselor. Failure to attend meeting with the counselor, failure to apply for jobs that the counselor provides you, failure to show up for scheduled interviews, and failure to meet with prospective employers as requested by the vocational rehab counselor will likely cause you to lose your North Carolina or Virginia workers’ compensation benefits. Again, in Virginia, once a defense application to terminate is filed, your benefits stop immediately.
- Not filing the right forms with the right information. Applying for your comp payments and a medical Award begins with filing the correct forms with the right information. These forms are legal documents. Don’t ever assume your employer will file your workers’ compensation forms for you, even if they claim they have done so. They CANNOT file these forms for you. All the employer can file is a Notice of Injury with the Commission. It is up the injured worker to file the correct forms. In VA, that’s a Claim for Benefits, and in NC, that’s a FORM 18. The best course of action is to have an experienced work injury lawyer assist you prepare and file these forms for you. One simple mistake in the forms or agreements can deprive you of benefits.
- Not handling appeals correctly. Employees should also review with their attorney their appellate rights if their claim is denied. There are deadlines and procedures for filing appeals that must be followed – or the employee appeal will be denied. Likewise, if an employer appeals a decision, the employee does need to respond to the appeal in the correct manner.
To avoid mistakes, speak with an experienced North Carolina or Virginia workers’ compensation attorney today
Attorney Joe Miller Esq. has been helping injured workers get justice for over 25 years. He’s helped thousands of clients get a strong recovery. He’ll guide you through each step of the claims process and make the right arguments on your behalf. To speak with a strong advocate, please phone lawyer Joe Miller at (888) 694-1671. You can also reach him through his contact form.
