1. Once you notify the workers’ compensation insurance firm in writing of your accident by filing your Notice of Accident (Form 18) the insurance firm has 30 days to simply accept the claim, deny the claim, or request longer to research. Immediately following an accident at work you ought to file your Notice of Accident (Form 18).
Once you are doing so, within 30 days, the insurance firm should notify you in writing of their decision on whether to simply accept your claim by filing the right form (Employer’s Admission of Employee’s Right to Compensation – Form 60, Denial of Workers Compensation audit Claim – Form 61, or Notice to Employee of Payment of Compensation Without Prejudice or Payment of Medical Compensation without Prejudice – Form 63).
If 30 days pass from your written notification and therefore the filing of your Notice of Accident, and you've got not received a response from the insurance firm, be sure to contact an experienced attorney who can properly advise you what to try to next. An experienced attorney can protect you and obtain you the assistance you deserve.
2. You have the right to an Independent Medical Examination (I.M.E.) at any point if you are not satisfied with the medical treatment you are receiving from the insurance company’s doctor. The law says the insurance firm features a right to direct your medical treatment. This means they decide who your doctor is going to be. However, if you're not satisfied with what their doctor is telling you and your course of treatment, you've got proper to request an I.M.E. To get this I.M.E. you should request a doctor in writing from the insurance firm adjuster or defense lawyer.
If you and therefore the adjuster agree, then you'll be allowed to ascertain the doctor you select. If the insurance firm doesn't accept as true with your choice, then the adjuster may suggest other doctors. If you and therefore the insurance firm cannot reach an agreement on a specific doctor, then the Court may force the insurance firm to supply the I.M.E. with the doctor of your choosing or the Court may choose a special doctor for you to ascertain.
3. The insurance firm and your employer must provide you together with your wage information to verify you're receiving the right disability pay. Provided you still meet your burden of proving that you simply are disabled due to your work injuries, the insurance firm will issue you a check hebdomadally. Once the insurance firm accepts your claim as compensable and begins paying this check, it should be two-thirds (2/3) of your “average weekly wage,” which is a mean of what you made hebdomadally while working for the past 52 weeks before your injury. (That’s assuming you worked for your employer for 52 weeks (one year) before the date you were injured. If you worked for the corporate but 52 weeks, then the calculation is more complicated and you ought to seek legal advice).
Your employer is required to fill out a Wage Chart (Form 22) that indicates the number of days you worked monthly and therefore the total monthly payment. By using this chart, you'll verify that you simply are being paid the right amount hebdomadally which the insurance firm isn't short-changing you.
4. Your employer cannot legally fire you because you've got filed a workers’ compensation claim. This is retaliatory discrimination and there are laws that protect you against this. However, this is often very difficult to prove since generally North Carolina’s laws provide that any employee is an employee at will and maybe usually be hired or fired by an employer “at-will” and with or without cause. Therefore, if you think you're getting to be fired because you're unable to figure thanks to your work injury, you ought to consult an experienced attorney who can protect you and advise you of your rights.
5. Hiring an attorney could cost the insurance firm thousands of dollars! Workers’ Compensation laws are very complex and are written to favor your employer and therefore the insurance firm. Of course, the insurance firm doesn’t want you to rent a lawyer because without one you're ignorant about what benefits there are (such because the right to urge reimbursed for your mileage to and from your doctor and physical therapy appointments) and so you won’t know to ask for those benefits.
Knowing the laws that protect you is crucial to urge ting proper medical treatment and to get the compensation you deserve after your injury, especially if your injury is permanent and you cannot return to work. An experienced attorney can assist you to get the assistance you and your family deserve and confirm you don’t miss any benefits which will provide for you during your disability and beyond.
Don’t give up your rights when it comes to workers’ compensation. Call us today for a free consultation.
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