5 Critical Reminders about Your Charlotte Workers’ Compensation Rights and Responsibilities

August 9, 2012, by Michael A. DeMayo

If you’re considering filing a Charlotte workers’ compensation claim, you might want to print out and save the following article for reference. Here are five “must know” facts for claimants.

1. Even if you caused the accident or workplace injury, you can still file and win a claim.

The whole point of the workers’ comp system is to create a “no fault” environment to resolve claims. Even if your employer did nothing wrong – and you did – you can still win benefits.

2. Chronic injuries and diseases caused by your work are compensable!

Even if you didn’t break your arm in a forklift accident or inhale toxins at an industrial facility and suffer acute breathing spasms, you can still collect Charlotte workers’ compensation. Chronic injuries, like repetitive strain injuries (RSI) that you got at a secretarial job, for instance, are compensable.

3. Don’t forget Form 18!

You have two years to alert the North Carolina Industrial Commission about your injury or accident. To do this, you need to file something called a Form 18. You also need to alert your employer about what happened – ideally in writing. Keep copies of all notifications, and do this in writing please – don’t just do it with a phone call or in person chat.

4. Don’t just accept the first options the insurance company suggests!

After you have achieved your maximum medical improvement from the injury/illness, you maybe left with a permanent disability. How much you get depends in part on your negotiation skills. The liable insurer will almost certainly try to get you to agree with the easiest/least expensive option… for the insurance company! Do your due diligence and get the facts on all the choices potentially available to you.

5. You can reopen your case – within two years, but no more than that!

If you are not satisfied with the settlement arrangement, or if your injury/disease worsens, you can strive to get more benefits and/or additional rehab or medical/surgical help. But you need to file with the NCIC within two years, or risk losing your rights to additional compensation.

For help navigating the labyrinth of our state’s benefit system and to ensure powerful results, turn to the seasoned team here at the law offices of Michael DeMayo.

 
 

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