Mistakes That can Derail a Workers’ Compensation Claim

Personal injury Lawyer Matt Arnold answers the question: “What qualifies a person to receive Workers’ Compensation benefits?”


If you have been injured on the job, you might be entitled to receive workers’ compensation for your injury. The idea behind workers’ compensation is for an injured worker to still receive income after an injury on the job, to support him or her and help pay for medical bills created by the injury. This compensation can be instrumental in keeping an injured worker afloat and able to recover without stressing about income. However, there are actions, or inactions, that can derail your case before it even starts. Here are things that can harm your workers’ compensation case:


hospital-hand-Charlotte-Monroe-Lake-Norman-Workplace-injury-Lawyer-300x200Assuming Your Employer Will File Necessary Claims


If an employee is injured at work, employers are required to fill out and submit certain forms and documentation. Both the employer and employee have forms to submit to the Industrial Commission that handles workers’ compensation. However, not every employer is diligent in filing the forms to protect your claim. It is important to stay on top of your own forms and check in with your employer to make sure they have fulfilled their end of the bargain and filed necessary  paperwork.


Failing to Give Accurate Medical History


Part of a workers’ compensation claim is describing the injury, how it happened, and your medical history. If you fail to provide medical professionals with your medical history or the complete details of the injury, your claim could be derailed. An insurance company’s investigation of the workers’ compensation claim involves gathering witness statements and examining medical records. As such, it is important to provide your medical providers with as much accurate information as possible so that the insurance providers cannot find flaws in the evidence.


Failing to Comply With Medical Treatments


In addition to providing medical professionals with accurate information, you must comply with medical treatments. In the state of North Carolina, an employer or insurance company can require an employee to undergo medical treatment for his or her injuries. If you are already receiving workers’ compensation benefits, it is important to keep up with the prescribed medical treatments to keep your benefits. Additionally, even before receiving compensation, you should follow the advice of the medical professionals and their treatment recommendations.


Not Requesting a Second Opinion


While an employer can tell you where to seek medical treatment, or what type of medical treatment to undergo, there is no limitation on you seeking an independent second opinion. North Carolina law specifically allows for you to receive a second opinion from a medical provider. If you think that the employer’s doctor is biased, or you want confirmation of the treatment or injury prognosis, seeking a second opinion is very important. Do not let your employer tell you that you cannot seek a second opinion; this is against the law.


If you have been injured on the job and have questions about receiving workers’ compensation benefits, the personal injury attorneys at Arnold & Smith, PLLC are here to help you. We know that recovering from injuries are difficult enough, stressing about your finances is not going to make the healing process better. Contact us today for a consultation. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe, call us at 704-370-2828 or click here for additional resources.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.







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