One of the problems any workers compensation attorney in Greenville faces is when a potential client comes in for a consultation too late to receive assistance. Many people rely on their employer to do the right thing and help them receive the compensation they deserve after they suffered a workplace injury. In reality, this rarely happens. Meanwhile, time is passing and the injured worker misses several deadlines in the timeline of a workers comp case.

The fact is that law protects injured employees but it also demands them to follow a specific procedure. This procedure is in place to prevent fraudulent filings and to give the employer an honest chance to evaluate whether the respective person was truly injured on the job. As you will see below, there are precise and sometimes tight deadlines in any North Carolina workers comp case, so you should contact Greenville workers compensation lawyers as soon as possible after your accident. 

So, let us explain to you how the average workers comp case unfolds:

Immediately after the Accident

In some cases, you suffer very severe injuries and there isn’t much you can do on your own. Your co-workers will undoubtedly call 9-1-1 and ask for an ambulance to take you to the nearest hospital.

However, these are extreme cases. In most of the situation, your injury is not too severe to prevent you from:

Reporting the Accident to Your Employer

You should call your direct supervisor and tell them that you suffered an injury. Give a brief description of what happened, without going into many details. If you are unable to do so, ask your supervisor to call an ambulance.

Documenting the Accident Scene

If you have a mobile phone, it definitely has a camera. At a certain point in your workers comp case, your workers compensation attorney in Greenville will need evidence proving where and how you were injured.

Thus, make sure that you take as many photos and videos of the accident site. Focus on the elements that directly contributed to your accident, such as:

• A broken ladder
• A chemical leak pooling on the floor
• Exposed electrical wires
• A burnt part of the machinery you were operating.

These images are essential when the insurance adjuster will try to challenge your claim – which happens in most of the cases, especially if you will need a significant amount of money to cover your medical treatment and lost wages.

Seeking Medical Care

Many people who suffer workplace injuries hurt their case because they delay seeking medical attention. Instead of going to hospital for tests right away, they wait until the end of their shift. The problem is that Greenville workers comp lawyers will have a hard time proving that you have a valid case.

Your employer and the insurance company can easily argue that you got injured after you left the workplace. Thus, you have no workers comp case. The sooner you get examined by a doctor, the easier it is to correlate the injuries with the accident you suffered at the workplace.

Within 30 Days after the Accident: Notify Your Employer in Writing

Telling your supervisor that you suffered an accident is not enough. The timeline of a workers comp case includes a 30-day deadline to fill in Form 18 and submit it to the Industrial Commission and to your employer.

This document is critical. If you exceed this deadline or fail to submit it at all, then you have no legal standing ground to receive workers comp benefits. If you are too confused by pain, your workers compensation attorney in Greenville can help you fill in and file Form 18.

Within 5 Days of Your Written Report: The Employer Must Submit Form 19

Both parties in a workers comp case must file forms as per the law. For your employer, the obligation refers to filing Form 19 with the Industrial Commission. At the same time, the employer will also notify their insurance company.

From this point onwards, an insurance adjuster will start analyzing your case. You will definitely be notified that you must undergo a medical evaluation. This evaluation will take be conducted by a healthcare provider approved by your employer.

It is absolutely necessary to submit to this evaluation and to continue seeing the employer approved doctor for as long as necessary. Failure to keep an appointment or continue with the prescribed treatment will result in losing your benefits, even after you’ve won your workers comp case.

Within 14 Days of Informing the Insurance Company: You Get an Initial Solution to the Claim

After maximum two weeks after the employer notified their insurer, you will get a decision on your claim. If it is accepted, you should start getting your benefits paid.

However, it is also possible to start receiving benefit payments right after the accident. This gives your employer an extended deadline of 90 days to decide whether they accept or deny your claim.

Within 2 Years after the Accident: File a Claim with the Industrial Commission

If your employer denies your claim, it is not the end of your workers comp case. Greenville workers comp lawyers will advise you to file a claim with the Industrial Commission. You have a period of two (2) years starting with the date of you accident to do so. 

The Commission will schedule a mediation process between you and your employer with the assistance of an independent third party. You should have a workers compensation attorney in Greenville on your side during this process.

Within 60 Days after filing the Claim with the Industrial Commission: a Hearing is Scheduled

When mediation does not lead to reaching an agreement, the Industrial Commission will schedule a hearing within 30-60 days. This hearing is quite similar to a personal injury case. A Deputy Commissioner will act as judge and both parties can present arguments and evidence.

At this point, you must retain legal representation if you want to win your workers comp case.

Within 15 Days after the Conclusion of the Hearing

If you are still unhappy with the decision made by the Deputy Commissioner, you have 15 days to file an appeal. The Full Commission will hear the appeal. If either party is still unhappy with the result of the appeal, the workers comp case will be heard in a civil court by a judge.

An Experienced Workers Comp Law Firm Can Help You Navigate Your Case!

As you can see, the timeline of a workers comp case is very precise and can be quite complex. However, an experienced workers compensation attorney in Greenville can help you navigate it and win the benefits you deserve. We offer you a free initial consultation, so reach out to us as soon as possible after your workplace accident: 919-328-2336!