In order to qualify for workers comp benefits in North Carolina, you have to meet certain requirements. These are the same for just about every state. If your Charlotte workers comp lawyer reviews your case and believes it should have been approved, they’ll help you file an appeal so you can get your benefits. Some of the requirements include the following:
- The accident happened on company property
- You were hurt while you were on the clock
- You were not high or drunk at the time of your injury
- You reported the accident right away
- You submitted to the drug test as requested by your employer
- You were treated by a company-approved doctor
If you did all of these things and your claim was still denied, it’s time to call an experienced North Carolina workers comp lawyer.
Did You Report Your Injury Right Away?
When you were hired, you probably signed a copy of your employee handbook. This is where the company spells out its workplace injury policy. Almost every company’s policy is going to require that you report your accident or injury immediately. There may be some leeway depending on whether you realized you were hurt right away. But if you wait too long to report your injury, your claim will be denied. Your Charlotte workers comp lawyer will also have to prove somehow that the injuries were caused by a work-related injury and not something that happened off the clock.
You May Have Refused the Drug Test
Most companies insist on drug testing their employees when they get into a workplace accident. They do this for obvious reasons. If they think you were drunk or high at the time of your injury, they aren’t going to pay out benefits. The way they see it, they shouldn’t have to pay for your treatment if the drugs or alcohol are the reason you got hurt in the first place.
If you refuse the test or it comes back positive for drugs or alcohol, your claim is more than likely going to be denied. There won’t be much your attorney can do about that. They may convince your employer to pay for your medical care, but they aren’t going to agree to pay out replacement wages.
You Have to Be Treated by a Company Approved Doctor
If you expect to receive workers comp benefits in North Carolina, you must agree to be treated by a company-approved doctor. There is a list of doctors statewide who have been approved by the worker’s compensation commission. If you seek treatment from your primary physician and they aren’t on the list, your claim could be denied. The same is true if you refuse to comply with your doctor’s treatment plan.
Your Charlotte Workers Comp Lawyer Can Handle the Appeal
If your workers compensation claim was denied, you’ll need to file an appeal. If you believe you met all of the requirements for benefits, you need to find out why they denied your claim. Hopefully, it was denied for a simple reason. Perhaps you forgot to clock in on the day you were hurt. Your Charlotte workers comp lawyer can simply prove that you did actually work on the date in question.
If they allege that you faked your injury, you’ll need to submit medical records that prove you were indeed hurt. The reason it’s a good idea to hire an attorney is that they have experience dealing with situations like this. They’ll use their knowledge and expertise to get you the benefits you deserve.
Schedule Your Free Consultation as Soon as Possible
Some people don’t think there’s any reason to hire a Charlotte workers comp lawyer right away. They can’t imagine why their employer would deny their claim. What they don’t realize is that there’s no guarantee that they’ll receive workers comp benefits. Your employer may think you got hurt some other way. Or they think you had a pre-existing condition. Whatever the reason, your attorney can negotiate with the insurance company to try to get your claim paid.
If that doesn’t work, you always have the option of filing legal action against them. It really comes down to the facts of your case. In order to find out your best option, you should call and schedule your free, initial consultation with an experienced Charlotte workers comp lawyer. This gives you a chance to ask any questions you may have. It also ensures that your claim is handled properly from the start.