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Statute of Limitations for Charlotte Workers’ Comp Claims

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Statute of Limitations for Charlotte Workers’ Comp Claims

28Dec

Statute of Limitations for Charlotte Workers’ Comp Claims

A statute of limitations governs most legal practices, including workers’ comp claims. Like most American states, North Carolina’s workers’ compensation law protects employees after work accidents. So, Charlotte workers’ compensation attorneys can get you comp benefits. All you need to do is report your injury to your employer. After that, hire an excellent attorney to ensure you get the maximum compensation.

There are many benefits of hiring a Charlotte workers’ compensation lawyer. For example, most civil claims must be instituted within definite time frames. These time limitations also apply to Charlotte workers’ compensation cases. Furthermore, there are different stipulations for different stages of the compensation process.

Notably, laypeople are rarely aware of these deadlines. This is where an experienced attorney can help you. Any good lawyer would be well acquainted with these statutory limitations. So, they’ll ensure that you file your claim early. This way, you wouldn’t lose your right to compensation.

What Is the Statute of Limitations for Charlotte Workers’ Comp Claims?

In Charlotte, you have only two years to file a workers’ compensation claim. This law applies to both work injuries and occupational diseases. Notably, your time starts counting from the accident date. Alternatively, you can file this claim two years from your last medical compensation.

You must file your claim with Form 18 (Notice of Accident to Employer and Claim of Employee, Representative, or Dependent). Furthermore, you’ll submit this form before the North Carolina Industrial Commission (NCIC). Disregarding this statute can lead to the Commission barring your right to comp benefits.

Indeed, this two-year statute looks like a pretty long time. However, it’s always best to file an early claim. It would thus be best not to wait until these two years reach before filing a claim.

Time Limitation for Reporting Your Injury

The statute of limitations for workers’ comp claims differs from your window for reporting the injury. However, informing your employer of your injury is the first step after the accident. Therefore, you must fulfill this requirement early to ensure you fall within the statute of limitations. Failing to report your injury could be sufficient grounds for your employer to deny your comp claim.

Thus, you must report your work-related injury within thirty days according to the statute of limitations. This refers to thirty days from the job accident. Some companies have formal accident reporting procedures. If your company has such rules, it’ll be best to follow them. Notably, your Form 18 can also serve as a notice to your employer. You just have to submit a copy to your employer after filing it with the NCIC.

What Happens After Reporting Your Work Accident?

Suppose you report your work accident or occupational disease to your employer as required by the statute of limitations. Then, the business owner must pass this information onto their insurance carrier. Your employer must reply to your notice within 14 days. Generally, an employer will either accept or deny your claim. Additionally, the denial letter must set forth clear reasons for the denial.

Furthermore, whatever response you get will be through the following forms.

Form 60

Form 60 is the Employer’s Admission of Employee’s Right to Compensation. This form means that your employer has accepted your right to workers’ comp benefits. Approving your workers’ comp claim means that you’ll start receiving benefits. Your compensation may include:

  • Medical benefits
  • Average weekly wage (AWW)
  • Temporary or permanent disability benefits
  • Disfigurement

Form 64

Form 64 is a Notice to Employee of Payment Without Prejudice. This form represents a conditional acceptance of your right to compensation. This means that the employer will conduct further investigation of your claim. Then, suppose the investigation shows that you’re ineligible for compensation. Your employer may now stop the compensation benefits. Notably, too, your employer has this right of termination for a definite period.

Form 61

Form 61 is an official Denial of NC Workers’ Compensation Claims. The form means that the business owner has denied your claim. Consequently, you’ll not receive any work comp benefits. In addition, Form 61 must state the reasons for such denial. Your employer cannot merely send a vague denial letter.

Let Waple & Houk Lawyers Get You Early Comp Benefits

Have you sustained a work-related injury in Charlotte? If you have, then you may be eligible for workers’ comp benefits. First, however, you’ll need the best Charlotte workers’ comp lawyers. You really mustn’t hire attorneys to claim workers’ compensation. But, if you’ll file a timely action, hiring a lawyer is the best.

At Waple & Houk, we have just the lawyers that you need. Our Charlotte workers’ compensation attorneys have spent their practice years representing victims of job accidents. Furthermore, we have a great track record of successful comp claims. So, it’ll be best to call us today for a FREE consultation.

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