When to File a Workers Comp Claim in Shelby

Workplace injuries can happen at any instant. That’s why knowing when to file a workers’ comp claim in Shelby can make all the difference in the outcome of your case. Whether you are dealing with an injury that happened suddenly or are managing a condition that has developed over time, it’s important to file as soon as possible to ensure your expenses are covered. Too often, workers hesitate and either delay or miss out on critical benefits they rightfully deserve.

Common Workplace Injuries You Shouldn’t Ignore

It’s true that not every workplace injury involves a trip to the emergency room or is very apparent, such as a patient with broken bones. Rather, many serious long-term workers’ comp claims start with what seems like minor incidents.

Over time, these can lead to episodes of chronic pain, missed work, and even permanent disability. That’s why it’s important to understand what types of injuries often result in claims and take action early.

Some of the most frequent causes of long-term workers’ compensation claims include:

  • Overexertion and bodily reaction (33%): These injuries are often linked to lifting heavy items, repetitive motion, or straining muscles while reaching or twisting. While these types of injuries might not seem urgent at first, they can lead to sprains, herniated discs, or tendinitis if left untreated.
  • Falls, slips, and trips (31.4%): Whether it’s a slick hallway, a loose cord, a misstep, or uneven flooring, these incidents are another leading cause of serious injury. Even a short fall can cause concussions, back injuries, or broken bones, which can impact your ability to work for months.
  • Contact with objects and equipment (22.5%): This includes being struck by falling items, being caught in machinery, or being crushed between equipment. These incidents are common in construction, manufacturing, and warehouse settings. Even one single mishap can cause a lot of damage and lead to a lengthy recovery.

Key Steps to Take Right After an Injury

Filing a workers’ compensation claim in Shelby is more than just submitting paperwork to start the legal process. It’s about taking ownership of your health and prioritizing your financial stability.

After you have been injured, be sure to:

  • Report the injury as soon as you can to your employer. The ideal frame is within 30 days.
  • Seek medical attention from a provider approved by your employer or insurance carrier.
  • Document everything you can, including dates, symptoms, treatment plans, and communication with your employer.
  • File your official claim with the North Carolina Industrial Commission. Form 18 is typically a required part of this process.

Following these steps can help to ensure your claim is processed correctly and that you receive the level of support you are entitled to.

Understanding the Bigger Picture

In a typical week, over 1.7 million unemployment-related claims are filed nationwide. This is a clear indication that you are not alone in navigating employment-related benefits. Many of these claims overlap with workers’ compensation scenarios, especially when an injury results in lost work and there is a need for temporary financial support.

If you are unsure if you should be filing a workers’ compensation claim or not, keep in mind:

  • Workers’ compensation is designed to support you when you’re injured on the job and cannot work.
  • Unemployment benefits apply when you’ve lost your job through no fault of your own.
  • In North Carolina, you could receive up to $350 per week for 12 weeks if you qualify for unemployment.

Sometimes, workers apply for unemployment if their compensation claim has been denied or delayed. However, it’s important to be aware that these are very different programs with different qualifications. With so much to learn, hiring an attorney can quickly fill in your knowledge gap so you can advance what matters most in your case right away.

FAQs

Q: What Qualifies for Workers’ Compensation in North Carolina?

A: Any injury or illness that arises out of and during the course of your employment could qualify for workers’ compensation in North Carolina. Whether you work on a construction site or in a corporate office, any connection you can make from your work to the injury you are suffering from could make you eligible. This is why you need to report the incident and seek medical care to start building a clear record as soon as you can.

Q: What Should You Not Say to a Doctor Regarding a Workers’ Comp Injury?

A: When you are speaking to any healthcare provider who is evaluating you for your workers’ compensation injuries, it’s important to be as honest as possible. You want to avoid saying anything that exaggerates what happened or downplays your symptoms. This could hurt your credibility. Don’t say anything that suggests the injury didn’t happen at work, even as a joke, as this could also be used against you later on in your case.

Q: Can You Receive Workers’ Compensation if the Injury Was Your Fault?

A: Yes, in most cases, you will still be able to qualify for workers’ compensation benefits even when the injury was partially your own fault. The key qualification for these funds is that the injury happened while you were performing your job duties. However, if you were under the influence of drugs or alcohol, or there is evidence to suggest you intentionally caused harm to access these benefits, a prosecutor could highlight this to stop the process.

Q: Do You Need a Lawyer to File a Workers’ Compensation Claim?

A: You don’t need a lawyer to officially file a claim, but having one is highly advised. This is especially true if your case is really complex or your employer is disputing the validity of your injury. A lawyer can help you understand your rights, complete paperwork correctly, and negotiate if your benefits are being delayed or denied. This extra layer of support can help ensure you’re being treated fairly throughout the entire process.

Contact The Bollinger Law Firm, PC Today

If you have more questions about workers’ compensation in North Carolina, contact our firm today. The Bollinger Law Firm, PC, is a proud legal resource to the Shelby community and would love to help you learn more about what options might exist with your own case.

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