To file a workers’ compensation claim in Durham, North Carolina, you should notify your employer, preferably in writing, within 30 days of your injury or the onset of an occupational disease. From here, in most cases, you must submit Form 18 to the North Carolina Industrial Commission (NCIC) within two years.
Aside from these things, you should advise your employer you need medical treatment and seek medical attention for your injuries or illness as soon as possible. When you do, inform your doctor that your injuries or illness are related to your job. You should also keep copies of all documents for your medical care and expenses.
If you have been injured on the job or are dealing with a work-related illness, allow a workers’ compensation lawyer in Durham to help you with your claim. Your attorney can guide you through each stage of the process.
Steps to File a Workers’ Compensation Claim in Durham, NC
Follow the steps for filing a workers’ compensation claim in Durham carefully. Those who know what to do after a work injury can submit their claim in alignment with North Carolina law.
Below are the steps of the workers’ comp claims process:
- Contact your employer. Tell your manager, supervisor, or HR department about your work-related injury or occupational disease immediately. Do this in writing if possible and describe the date and nature of your injury or illness.
- Receive medical care. Your employer or their insurance company may direct you to an authorized healthcare provider, though some exceptions can apply. When you meet with a doctor, explain to them that your injury or illness relates directly to your work and you were injured on the job.
- Submit Form 18 to the NCIC. File your “Notice of Accident to Employer and Claim of Employee” with the NCIC. You can submit this form via the NCIC’s website or through the mail.
- Give your employer a copy of your completed Form 18. You are not legally required to do this. However, this can help ensure that your employer and their insurance company are aware of your workers’ comp claim, which could minimize your risk of delays.
- Maintain detailed records. Keep copies of all the documents you file with the NCIC, including your medical reports and a log of your lost time from work.
Employers are typically required to submit Form 19 to the NCIC after learning of a work-related injury or illness. Meanwhile, your employer’s insurance company may accept your claim, deny it, or begin payments while investigating (often using Form 63, which can allow up to 90 days to evaluate a claim).
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Factors to Consider if You File a Workers’ Comp Claim in Durham
It’s important to hire a workers’ compensation attorney as you prepare to file your claim. Your lawyer can help you gather evidence to support your claim and make sure that all of your paperwork for it is filed properly.
In addition to assisting you with these things, your attorney may advise you to consider various factors during the claims process, such as:
- Reporting deadlines: Failing to notify your employer within 30 days could jeopardize your claim. Also, you generally have to file your Form 18 within two years to preserve your right to benefits.
- Medical treatment: Treat your injuries or illness right away and let your doctor know that it’s related to your work. Your employer or their insurer may direct your medical care.
- Average weekly wages: Your workers’ comp benefits are generally two-thirds of your average weekly wage, up to the North Carolina statutory weekly maximum. There may be a seven-day waiting period before you receive these benefits, but if your disability lasts more than 21 days, you will receive payment for the first seven days retroactively.
- Scope of your injury or illness: You may have to show that your injury or illness is the result of an incident arising out of or in the course of your employment.
If you have grounds for a workers’ compensation claim, your lawyer can help you file it. Unfortunately, there are times when employers or their insurance companies contest workers’ comp claims. If this happens in your case, your attorney can determine if appealing your denial is a viable option based on the circumstances of your situation.
How to File an Appeal of a Denied Workers’ Compensation Claim in Durham
Your workers’ compensation attorney can discuss what appealing a denied claim entails. If you decide to move forward with an appeal, your lawyer can help you contest the case against you.
As part of their efforts, your lawyer can walk you through the following stages of the appeals process:
- Review your claim denial. This can give you insights into the reasoning behind your rejection and what it may take to get the original decision against you reversed.
- Submit Form 33. File a “Request That Claim Be Assigned for Hearing” with the NCIC. You can submit Form 33 to request a hearing if your claim has been denied or disputed, and the timing for doing so may depend on the status of your claim and prior payments.
- Participate in mediation. The NCIC may order mediation to try to resolve your dispute before a hearing.
- Go to a hearing. You can attend a formal hearing with a North Carolina Deputy Commissioner and present evidence, medical records, and witness testimony to support your case.
If a Deputy Commissioner denies your claim, you may appeal to the Full Commission. Beyond this, further appeals can be made to the North Carolina Court of Appeals, followed by the North Carolina Supreme Court.
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The Bottom Line on How to File a Workers’ Comp Claim in Durham
Receive legal guidance and support if you have concerns or questions about how you can file a workers’ compensation claim in Durham, North Carolina. Workers’ comp attorneys can provide tips and recommendations to help you make informed decisions as you go through the claims process.
DeMayo Law Offices is Your North Carolina Law Firm™. Our team has over 250 years of combined experience. If you want help with filing a workers’ comp claim in Durham, we are here for you.
We are ready to assist those who want to file a workers’ comp claim in Durham. For more information, request a free case evaluation.
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