Will I Lose My Workers Compensation if I Delay Filing
If you take too long to file, it is possible to lose worker’s compensation benefits in North Carolina.
Some on-the-job accidents result in injuries that are hard to diagnose. You may have thought, “I’m just a little sore, I’ll eventually get over it.”
Employees, fearing for their job, also don’t always immediately tell supervisors or the employer of the injury.
That can cause problems in the long run.
Under the NC Work Comp Laws, there are filing periods set by statute.
“In North Carolina, you generally are required to provide notice within 30 days of the injury to receive benefits. If you have questions about the timing of things, we recommend you call now to discuss your options.”
– Kevin Jones, NC Workers’ Compensation Lawyer
N.C.G.S. § 97-22 requires the representative of the injured employee or the employee “shall immediately on the occurrence of an accident” or as soon as possible (practicable) give the employer written notice.
While there are exceptions to the rule, requiring a reasonable excuse, Workers’ Compensation may be denied in certain circumstances.
The law states, in part, “No compensation shall be payable” if written notice is not given within thirty (30) days after the death of the employee or the occurrence of the accident.
As such, you can indeed lose Workers Compensation by delaying in filing (providing formal written notice).
Failure to follow the law might lead to losing the ability to collect benefits for lost wages, medical treatment, and other workplace related injuries.
That’s truly unfortunate, as one of the purposes of the Comp laws in North Carolina is help employees injured on the job.
Each case is different.
Even if you think you may have waited too long, we recommend you immediately call the Dodge Jones Injury Law Firm in New Bern, NC.
Don’t just assume your claim for damages is no longer possible or an option. Our law firm is dedicated to helping people.
We’ll let you know what, if anything, can be done to preserve your claim.You Might still be Eligible to Make a Claim
If your employer tells you, “Sorry, it’s too late. You waited too long,” that may or may not be accurate.
The Workmens Compensation Laws in North Carolina tend to be a bit complicated.
There may be exceptions to rules, when legally and factually appropriate.
A supervisor or employer, even well-meaning ones, also may not fully understand the law and your legal options.
“If you call our office now, we’ll review your legal matter, ask questions, and determine whether filing a claim might still be an option.”
– Kevin Jones, New Bern Comp Lawyer
If you went past the reporting deadline for making a claim, you might still be eligible for Comp Benefits if:
- The employer knew (or reasonably should have known about the injury) because they either witnessed the accident or were informed about your accident by co-workers, supervisors, or other employees .
- You have a good reason for not providing written notice or telling anyone about your workplace injury, including the employer. If you suffered a head injury, suffered a coma (longstanding unconsciousness), or were in a medical condition that made it impossible to convey information, there may be options available.
- The employer didn’t suffer harm or losses due to your failure to report the injury as normally required.
- The employer did not properly post the Work Comp Rules and Notices, advising all employees of their duties and responsibilities under the NC Workmans Compensation Laws.
Occupational illnesses (injuries), such as lower back pain, arthritis, and carpal tunnel syndrome often take time to develop.
There may not be a definable date of loss or “accident,” such as falling at work or specific date of injury to report.
In those instances, the “date of injury” ordinarily would be when you learn what lead to the occupational injury or injuries.
A formal diagnosis indicating work activities lead to the development of occupational illnesses sometimes serves as the date when the clock begins for filing purposes.
As such, you may be eligible to claim Work Comp Benefits even if thirty (30) days has passed since you first began noticing pain, loss of range of motion, and other indicators of an occupational illness.
It’s still important to provide the employer proper notice once you are made award of your condition and the causes for it.
Don’t wait. Take action. Consult with a Workers’ Compensation Lawyer immediately. We are here to help.
In addition to explaining your legal rights, we will work to ensure you receive the workers’ compensation and benefits you deserve under the law.Contact the Dodge Jones Injury Law Firm today to Schedule a Free Consultation at 877-622-6671
Related Legal Issues for NC Worker Compensation Claims
- How much is my Work Comp Claim worth?
- How to protect your rights after a workplace injury
- What are Aggravated, Exacerbated, Accelerated Injuries?
- What does “In the Course of Employment” mean?
- Will I lose my job if I file for Workers Compensation benefits?
- 9 Things You Really Need to Know About NC Workers Compensation
- Notice of Accident to Employer – NCGS 97-22