Injured at Work in North Carolina? Here’s What You Need to Know
Work accidents happen quite often, and when yours was directly caused by your work duties, you may be able to secure workers compensation benefits, depending on the circumstances of your case.
However, obtaining approval for these benefits can prove to be more of a challenge than you may be prepared for, and there are many details you should be aware of before you file your claim. With this in mind, we have gone over the reasons why you might not be eligible for workers comp benefits, and why insurers issue denials to claimants who sometimes should have been approved.
Not Everyone Is Entitled to Work Comp Benefits
Most employers in North Carolina are legally required to carry workers compensation coverage that extends to all employees, regardless of their employment status or how long they’ve been working for the company. These benefits are meant to protect the employees in the event that they are injured while at work.
However, just because you get injured at work doesn’t mean you’ll be entitled to benefits. Your injuries must be directly caused by your work or by activities that were within the scope of your duties. For instance, if you got hurt while roughhousing with a coworker, you may be disqualified from obtaining a workers comp claim approval.
You could also be ineligible if you were under the influence of drugs or alcohol, if you were committing a crime, or if you were working off the clock when you were injured. As can be seen, there are many reasons why you could be ineligible for workers compensation benefits, so you’ll need to speak with your North Carolina attorney to determine whether you’ll qualify.
Your Claim May Be Wrongfully Denied
Despite the fact that there are several ways you can be disqualified from obtaining workers comp approval, the insurance company will often go one step further in their attempt to protect their profits and get out of settling your claim.
One of the most common types of wrongful denials includes those issued for pre-existing conditions. The insurer argues that your pre-existing condition was responsible for causing your injuries and not your work responsibilities. Another example of a wrongful denial could be the insurer claiming you are not disabled “enough” to be awarded work comp benefits, despite your physician supporting your case.
Receiving a denial can be intimidating and feel as though you’ve lost all hope, but rest assured that you have the right to file an appeal with the North Carolina Industrial Commission (NCIC), and an attorney at our firm may be able to help.
Contact a North Carolina Work Comp Attorney
If you have further questions about how to go about obtaining workers compensation benefits, or for help fighting back when your claim has been denied, contact a highly trained North Carolina workers comp lawyer at Ricci Law Firm, P.A.
We proudly offer injury survivors across the state of North Carolina a free consultation so we can learn more about each case. You can take advantage of this opportunity by giving our office a call at 252-752-7785 or filling out the online contact form below to schedule.