How Long After An Injury Do I Have To Make A Claim?
- When does my claim expire?
- Are there any exceptions?
- What happens if I wait too late?
- What is a Statute of Limitations?
Notice provisions in Workers’ Compensation claims are complicated and carry serious consequences – Kevin Jones
How long do I have to make a claim?
In North Carolina, Workers’ Compensation laws can be pretty complicated. That’s why it helps to have an experienced attorney on your side.
Do NOT assume that just because you’ve told your employer of an injury that you’re covered.
Making a claim is actually a more formalized process. It means filing the proper claim form with the Industrial Commission in Raleigh, NC.
Paperwork going back-and-forth with the insurance company, the adjustor, your employer, or supervisor isn’t good enough.
Lawyers refer to things involving deadlines and timing to file important legal documents as a Statute of Limitations.
If you need a Greenville NC Work Comp Lawyer, Kevin Jones is available to speak with you and work out the most appropriate way to move forward.
Kevin Jones: Board Certified Workers’ Compensation Specialist Lawyer
If you’re looking for legal help, it makes sense to talk to an experienced lawyer.
Board Certification in North Carolina means something. Certain background qualifications have been met regarding experience, character, and legal ability.
Work Comp Law in North Carolina can be complicated. At Dodge Jones our goal is to help people navigate that system.
Let me worry about the legal stuff. You focus on getting healthy – Kevin Jones
Modified Transcript of “How Long After An Injury Do I Have To Make A Claim?” for the Hearing Impaired
The general rule is two years from your date of entry.
There are some exceptions. Oftentimes, people think that that two-year statute of limitations has run on their claim and that it’s too late to do something about it. If you have not done anything and it’s been more than two years, don’t necessarily give up. We can talk to you about the situation.
There may be an exception that applies in your case, particularly when we’re talking about a situation where you’ve been getting treatment and then they stopped and decided to deny your claim, and that they’ve been paying for that treatment. That’s one potential exception.
Then if you’ve got a different kind of claim, sometimes the statute may not begin to run until down the road. If you’ve got something called an occupational disease type claim, repetitive motion, stressful motion injury claim, those things can be a moving target when it comes to when the deadline is to file.
If it’s been more than two years, don’t just assume it’s too late. It may be. It may not be. But you’re going to need to talk to an experienced attorney, a specialist in workers’ comp preferably, to find out whether or not you’ve got a claim that can still be made.
The flip side to that is people often are told, “Well, you’ve only got 30 days.”
Well, there is a rule that there’s a statute and a rule that talk about notice within 30 days, written notice within 30 days, but there are excuses where that’s not necessary.
There are situations where that can be waived. That’s not the end of the story.
But the other thing that you need to remember when it comes to making the claim, that does not mean making the claim with the employer. That does not mean making the claim with the insurance company.
It means filing the proper claim form with the Industrial Commission in Raleigh inside that deadline.
How Long After An Injury Do I Have To Make A Claim? Normally, that’s two years; but, there are VERY IMPORTANT exceptions and rules.
If you need a Greenville Workmans Compensation Lawyer, I’m here to help – Kevin Jones
People often think they’ve made the claim because there’s paperwork that’s gone back and forth between them and either their HR department or the adjuster, and that’s not good enough. Keep that in mind.
If you are close to a two-year deadline, don’t wait. Seek help. Get some advice. I’m happy to talk with you about it.
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