4 Reasons Why North Carolina Workers' Compensation Claims May Be Turned Down: And How You Can Overcome These Hurdles

October 31, 2009, by Michael A. DeMayo

Whether you got hurt at a processing plant or developed carpal tunnel syndrome while working as an executive for one of the big banks of the Research Triangle, you may need significant North Carolina workers’ compensation benefits to pay for medical care and support your budget while you recuperate. Unfortunately, a fair number of claims get denied every year because applicants don’t take the time to learn about best practices for filing. Here are some common mistakes that claimants make – along with suggestions for how to avoid these problems:

1. Waiting too long between the time of the injury/ incident and the time that you file a claim – Wait two or three months between getting hurt at work and reporting the accident, and not only might your employer be less sympathetic, but you also may lose some legal leverage. The longer you wait before investigating North Carolina workers’ comp, the harder it will be to collect evidence and statements to support your claim.

2. Saying the wrong things to your employer / and or insurance company representative –Candor is generally a sound ethical strategy. But you might be advised not to discuss your case at all with insurance company representatives, for instance, before speaking with an experience North Carolina workers’ compensation attorney. After all, your employer and your employer’s proxies may not have your financial interests in mind. And making even “innocent” statements can jeopardize your claim.

3. Changing your story – when you do give a statement to an employer or an insurance company representative, if you later revise the facts of the incident, your claim may come under significant suspicion, particularly if it’s a large claim or a claim for benefits that might last years or even decades.

4. Failure to keep a paper trail and to track witness statements – just because you ‘know’ you should be entitled to workers’ compensation benefits doesn’t mean that your employer, an insurance company, or even an objective judge will agree. Fortify your contentions by collecting statements from employees who saw you get hurt, by keeping track of any paperwork your doctor or employer provides, and so forth. Do this spade work, and your North Carolina workers’ compensation attorney should be able to dispatch your case more quickly, efficiently, and effectively.