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Workers’ compensation provides financial assistance to people who are injured at work. This type of financial compensation, which is intended to compensate victims for losses incurred as a result of an accident, typically covers lost wages, medical expenses, and more. Unfortunately, however, workers’ compensation claims aren’t always approved. In this article, we discuss common reasons for workers’ compensation denials.
You Failed to File on Time
Injured employees don’t have an unlimited amount of time to file workers’ compensation claims in North Carolina. Specifically, if you are injured on the job in North Carolina, you must file your claim within 30 days of the accident. Failure to file by the deadline can result in a workers’ compensation claim denial.
You are Not an Employee
Another common reason for workers’ compensation denials in North Carolina involves the injured party’s employment status. Employees—not independent contractors—are eligible for workers’ compensation in North Carolina. Sometimes, however, an employer will classify a worker as an independent contractor even when he or she is actually an employee. Therefore, if you are denied workers’ compensation on this basis, you should contact an experienced attorney to review your employment status.
Your Injury Didn’t Occur at Work
Workers’ compensation only covers injuries that are incurred by employees in the course of their employment. In other words, injuries that are sustained by employees off the job are not covered by workers’ compensation. Thus, if an employee suffers an injury outside of work, then his or her workers’ compensation claim will be denied.
Your Injury Didn’t Stem from a Specific Incident
North Carolina’s workers’ compensation laws note that an injury that is sustained by an employee during regular job duties in the customary and usual manner is not covered. This means that injuries that didn’t arise from a specific accident, i.e., certain chronic injuries, may not be covered by workers’ compensation. There are some exceptions to this general rule, however. For example, back injuries don’t have to be linked to a specific accident to be covered by workers’ compensation.
Your Employer Disputes the Claim
Another common reason for workers’ compensation denials is that employers sometimes dispute workers’ compensation claims. Common reasons employers give for such denials include:
- The employee wasn’t injured on the job
- The employee’s injuries weren’t serious
- The injured worker was an independent contractor, not an employee
Your Employer Doesn’t Carry Workers’ Compensation Insurance
Finally, an employer’s failure to carry workers’ compensation insurance can complicate insurance claims. In North Carolina, every business that has three or more employees is required to carry workers’ compensation insurance. If a qualifying employer fails to carry workers’ compensation insurance, then the employer may face legal penalties.
Contact a Charlotte Workers’ Compensation Attorney
If you’ve sustained an injury while on the job in Charlotte, North Carolina, you should contact an experienced North Carolina workers’ compensation attorney as soon as possible. At Bradford Law, our experienced workers’ compensation attorneys are dedicated to aggressively seeking financial compensation on your behalf. Please contact us to arrange a consultation with a Charlotte workers’ compensation attorney.
