The Do's and Don'ts After a Workplace Injury

Workplace injuries can be an unfortunate reality for many employees, regardless of their profession. From minor sprains to major accidents, these incidents can disrupt your daily routine and often have a significant impact on your overall well-being. For this reason, knowing the do's and don'ts after a workplace injury is crucial in ensuring you secure your rights and benefits. Here at The Law Offices of John M. McCabe, we've spent years helping North Carolinians navigate this challenging process, and we're here to offer our expertise.

What is a Workplace Injury?

A workplace injury in North Carolina refers to any injury or illness that occurs to an employee while they are performing their job duties. This can include physical injuries, such as slips, falls, or accidents with machinery, as well as illnesses or conditions that are caused or aggravated by the work environment. In North Carolina, employers are required to provide workers' compensation insurance to cover medical expenses and lost wages for employees who experience workplace injuries. It is important for employees to report any workplace injuries promptly to ensure they receive the necessary medical treatment and compensation.

The Do's and Don'ts After a Workplace Injury

Knowing the do's and don'ts after a workplace injury is essential to getting the most out of your claim. It can make a significant difference in your recovery process, as well as your ability to receive the compensation and support you deserve. In this article, we will explore the do's and don'ts after a workplace injury to help you make informed decisions and protect your rights.

The Do's of The Do's and Don'ts Afer a Workplace Injury 

1. Seek Medical Help Immediately

Your health should always be your primary concern. Even if your injury appears minor, it's essential to seek medical attention right away, as some conditions may not manifest symptoms immediately.

2. Report the Injury to Your Employer

An important step in the do's and don'ts after a workplace injury is reporting the injury. As per North Carolina's workers' compensation laws, you must report your injury to your employer as soon as possible. It's advisable to do so in writing, detailing the incident, injury, date, and any other relevant information.

3. Document Everything

Keep a record of all your medical treatments, costs, missed workdays, and any other details related to the injury. These documents will be invaluable when it comes to filing your claim.

4. File a Workers' Compensation Claim

In North Carolina, it's your responsibility to file a claim with the North Carolina Industrial Commission. You should do this within 30 days of your injury.

5. Hire a Workers' Compensation Attorney

To ensure your rights are protected and your claim is handled properly, hiring an experienced workers' compensation attorney is highly recommended. The Law Offices of John M. McCabe are always here to help.

The Don'ts

1. Don't Neglect Medical Advice

Always follow your doctor's advice, instructions, and treatment plan. Failing to do so can complicate your claim, as it could be argued that you contributed to your own injury.

2. Don't Discuss Your Case Publicly

Avoid discussing your injury or case on social media, or with anyone other than your attorney and doctors. Anything you say publicly could be used against you.

3. Don't Sign Anything Without Legal Advice

Insurance companies may attempt to offer you a settlement to resolve your claim quickly. Never sign any document or accept any offer without first consulting your attorney.

4. Don't Exaggerate Your Injuries

It's crucial, to be honest about your injuries and the impact they have on your life. Exaggerating or misrepresenting your condition could jeopardize your claim.

5. Don't Go It Alone

The process of securing your workers' compensation benefits can be complex. Working with a skilled attorney can provide you with invaluable guidance, and significantly improve the odds of a successful claim.

How Can a Workers' Compensation Lawyer Help Me?

When you're dealing with a workplace injury, a workers' compensation lawyer can provide invaluable assistance and support. The complexities of workers' compensation law, combined with the potential stress and strain of handling a claim while recovering from an injury, make legal representation a wise choice for most people. Here's how a workers' compensation lawyer can help you:

Understanding the Law

Workers' compensation laws can be complex and difficult to navigate. An experienced workers' compensation lawyer understands the nuances of these laws, both on a federal level and specific to your state, in this case, North Carolina.

Filing Your Claim

There are strict deadlines and procedural requirements involved in filing a workers' compensation claim. An experienced workers' compensation attorney can ensure your claim is accurately completed and filed within the necessary time frame.

Gathering Evidence

A workers' compensation attorney can help gather crucial evidence to support your claim, which might include medical records, witness statements, and safety reports from your workplace.

Negotiating with Insurance Companies

Insurance companies often try to minimize the benefits they pay out. A workers' compensation lawyer will have the experience and expertise to negotiate effectively on your behalf, ensuring you get the fair compensation you deserve.

Representing You in Court

If your claim is denied, or if you face any disputes regarding your injury or compensation, your lawyer can represent you in hearings and appeals before the workers' compensation board or in court.

Securing Fair Compensation

A lawyer can help you understand the full range of benefits you're entitled to, not just those initially offered by your employer or their insurance company. This could include permanent or temporary disability payments, medical expense coverage, vocational rehabilitation, and more.

Protecting Your Rights

Perhaps most importantly, a workers' compensation lawyer will protect your rights throughout the process, ensuring you're treated fairly and that your employer or their insurance company doesn't take advantage of your situation.

At The Law Offices of John M. McCabe, we have extensive experience dealing with all aspects of workers' compensation law. We work diligently to ensure our clients receive the maximum compensation they're entitled to, and the support they need throughout their recovery. If you're facing a workplace injury, don't hesitate to reach out to us for assistance.

What Workers' Compensation Covers in North Carolina

In North Carolina, workers' compensation is designed to cover employees who are injured or become ill due to their employment. However, it is essential to note that not all injuries, illnesses, or circumstances are covered. Here's a general overview of what workers' compensation does and does not cover in the state:

1. Medical Treatment

Workers' compensation typically covers all necessary and reasonable medical treatment related to workplace injury or illness. This can include doctor's visits, hospital care, surgery, prescription medication, physical therapy, and any required medical equipment.

2. Wage Replacement

If an injured worker is unable to return to work due to their injury or illness, workers' compensation provides disability payments, which are usually a percentage of the employee's regular wage.

3. Permanent Disability

If the injury or illness results in a permanent disability that affects the worker's ability to work, they may be entitled to additional benefits.

4. Vocational Rehabilitation

If an injury or illness prevents a worker from returning to their previous job, workers' compensation can cover the cost of retraining or other services to help them return to work in a different capacity.

5. Death Benefits

If a worker dies as a result of a workplace injury or illness, workers' compensation provides death benefits to the worker's dependents, including funeral expenses.

What Workers' Compensation Does Not Cover in North Carolina

While workers' compensation is designed to provide comprehensive coverage, there are exceptions and exclusions that workers should be aware of.

1. Injuries Outside the Workplace

Workers' compensation only covers injuries or illnesses that occur in the course of employment. This means injuries that happen while commuting to or from work, or during personal time, are typically not covered.

2. Self-Inflicted Injuries

Injuries that are self-inflicted or result from an employee's intentional misconduct are usually not covered by workers' compensation.

3. Injuries From Violation of Company Policy

If an employee is injured while violating company policy or while committing a serious crime, these injuries may not be covered.

4. Injuries Due to Drug or Alcohol Use

If an injury occurs because an employee is under the influence of drugs or alcohol, workers' compensation generally won't cover the injury.

5. Non-Work Related Illnesses

Illnesses that are not directly caused by the work environment or job duties are typically not covered.

Contact The Law Offices of John M. McCabe

The aftermath of a workplace injury can be stressful and confusing, but remembering these do's and don'ts after a workplace injury can make a big difference in your recovery and compensation process. Here at The Law Offices of John M. McCabe, we're committed to helping you through this challenging time which is why we are covering the do's and don'ts after a workplace injury. Contact us for professional advice and representation that you can trust. Your well-being and rightful compensation are our priorities.

Workers' Compensation FAQs

1. Who is eligible for workers' compensation in North Carolina?

Most employees in North Carolina are covered by workers' compensation insurance from the first day of employment. This includes full-time, part-time, and seasonal workers. However, certain exceptions apply, including businesses with fewer than three employees, some agricultural workers, and independent contractors.

2. How long do I have to report a workplace injury?

In North Carolina, you should report your injury to your employer as soon as possible, but no later than 30 days after the incident. Failing to report within this timeframe could jeopardize your claim.

3. What if my employer doesn't have workers' compensation insurance?

Even if your employer doesn't have workers' compensation insurance, you may still be able to receive compensation for your injuries. In these cases, you should contact an experienced workers' compensation attorney to explore your options.

4. Can I see my own doctor for a workplace injury?

Typically, your employer's insurance company will designate a healthcare provider for your treatment. However, you can request a change of physician, and under certain circumstances, you may choose your own doctor. It's essential to consult with a lawyer to understand your rights regarding medical treatment.

5. Can I be fired for filing a workers' compensation claim?

It's illegal for an employer to retaliate against an employee for filing a workers' compensation claim. This includes termination, demotion, salary reduction, or any other negative job action. If you believe you've been a victim of retaliation, you should contact an attorney immediately.

6. What if my claim is denied?

If your workers' compensation claim is denied, you have the right to appeal the decision. This process can be complex, and it's highly recommended that you work with a workers' compensation attorney to ensure your rights are protected.