The majority of workers in the United States have the right to workers’ compensation when they become injured at work. They can file a claim regardless of the cause of the accident, and independent of fault, as long as they were performing a work-related activity at the time of the incident.
Workers’ compensation laws seem very inclusive at first glance, and they are designed to protect workers financially. However, many injured workers, unfortunately, struggle to successfully make a claim. The following are some of the most common reasons for a workers’ compensation denial in North Carolina.
Took too long to report the injury
In North Carolina, you must report the injury to your employer within 30 days. It is a good idea to report the injury as soon as you can. Those who suffer an injury that worsens over time may deal with challenges due to this timeline. For example, they may have initially become injured months ago, but the injury may have worsened due to activity outside of work.
Took too long to file the claim
Provided that you report the injury to your employer within 30 days, you have two years to file a workers’ compensation claim. This is a sufficient time frame for most, and it is best to file the claim in the initial months after your injury.
The injury was not work-related
You may struggle to prove that your injury occurred at work, especially when the injury was something that arose over time, for example, a repetitive strain injury. While you may face a workers’ compensation denial the first time you apply, you may be able to be successful by providing additional information or by gaining a statement from your doctor.
The injury was due to a pre-existing condition
You may find it challenging to successfully gain workers’ compensation if the injury you suffered worsened a preexisting condition. You must give adequate evidence to show that the reason you are suffering is directly due to the injury you acquired at work.
If you have been injured at work but you are worried about having your workers’ compensation claim denied, make sure that you prepare fully before filing your claim. Contact a Charlotte workers compensation lawyer for help today.