Accidents happen. That’s why most states, North Carolina included, require employers to purchase insurance for their employees from a workers’ compensation insurance carrier. If a worker is injured on the job, it’s his or her responsibility to report the accident to the employer and file a workers’ compensation claim with the insurance company.
Unfortunately, employees sometimes find themselves going head-to-head against their company because their employer refuses to pay for their injury. If you’re facing a similar situation, now is the time to get in touch with an experienced and knowledgeable lawyer, such as those who work at The Workers’ Compensation Law Firm. Below are three common reasons why claims are denied and what you can do to avoid any obstacles.
Why is My Workers’ Comp Claim Being Denied?
Failure to notify the employer of the injury. North Carolina workers’ comp claims must be reported orally or in writing to the employer within 30 days. If you’re still within the allotted time frame, or have evidence of the report you gave to your employer, they cannot deny you claim.
Injury is pre-existing. Employers can deny your claim if your injury is from a previous accident outside of work, or if they believe the injury is fake. In this case, it is your obligation to provide validity of your injury.
Injuries are not serious enough. Sometimes an injury is not considered serious enough for an employer to accept a claim. These cases involve employees that experience temporary pain, but can perform their job duties normally. If you believe your injury is serious, written documentation for a doctor is crucial.
Appealing a Denied Workers’ Comp Claim
Receiving a denial letter from your employer is frustrating. Remember, you don’t have to let your case end there. You have a right to dispute it and our attorneys are here to help you through the process.
What if My Employer Doesn’t have Worker’s Compensation Coverage?
If your employer fails to provide workers’ compensation insurance coverage, the North Carolina Industrial Commission can and will administer penalties, including fines and criminal charges. Employers continue to be liable for medical and wage benefits related to an employees’ workplace injuries.
Workplace injuries should never be overlooked, no matter how minor they might seem. If you’ve been severely hurt and not getting the help you deserve from your employer, we want to help. Contact the lawyers at The Workers’ Compensation Law Firm so we can help build your case and recover your rightful compensation.
Our attorneys specialize in workman's comp, personal injury, and dispute resolution services.
We have have a long history of building long-term client relationships founded on trust and mutual respect.
With over 25 years of experience in civil litigation and thousands of cases mediated, Frank specializes in the fields of workers compensation and personal injury law.
Sherman is Licensed to Practice Law in North and South Carolina. He has extensive education in law and the mediation practice, professional experience and impressive memberships in many noteworthy political, civic and business organizations.
Ashley M. Edwards
Ashley is a NC attorney and certified mediator in North and South Carolina, Ashley has represented hundreds of clients and mediated thousands of cases for attorneys, insurance carriers and private companies.
“These guys are awesome and care about their clients very much. I would suggest anyone hurt on the job to contact them. Cannot express my appreciation enough to them!"
“Ashley Edwards genuinely cares about his clients and holds himself to the highest standards in all of his professional interactions. I am happy to recommend him to anyone who needs help navigating the workers compensation process."
“Ashley has been practicing compensation law in the greater Wilmington area for 15+ years. I have often turned to him for advice and counsel. He knows the law, is trustworthy, listens to his clients, and fights to do the right thing for them. He is my first call!"
“Mr Edwards made my case feel like it was his most important case. He is so caring and attentive."
“This was the first and only law firm I contacted after being injured. Everyone there has been on point concerning my case and extremely professional. I highly recommend contacting workers comp first if injured. It will be as if it's the most important case they have and they will not disappoint. Thank you to the entire team."
“Wonderful Experience under difficult circumstances. They helped me understand my rights and options under the law. Mr. Edwards took the time to help and meet with me whenever I had questions. He is highly recommended for his expert advice and service. "
“This is the place to go if you get hurt on the job Ashley and his paralegal Janet are really nice and super easy to talk to and they take the time to really listen to your problems and get you the help you need and deserve."
“They came out took out time to listen very smart he knows what he's talking about he heard me out and took my case under difficult sircumstances and i highly advise this is the law firm to consider."
“Sherman is one of the best mediators that I know---he is extremely proficient in Workers' Compensation Law and he is an outstanding communicator. I give Sherman my highest rating!"
“Great Experience with a caring lawyer who took the time to actually meet with me. He handled my case to the end and explained everything. Highly recommended."
“Ashley is very knowledgeable and relatable to his clients, to opposing counsel, and to all parties when acting as mediator. "
“Ashley didn't always tell me what I wanted to hear but he always told me the truth. He is very knowledgeable and professional... I would highly recommend Ashley if you feel the need to hire an attorney. "
Get in touch with our team for a free consultation.
Call (910) 341-3202 or complete the form on this page and we'll follow-up with you as soon as possible.