Suffering a workplace injury is stressful enough. The stress would not instantly stop without the added confusion of navigating the workers’ comp claim timeline. If you are currently residing in North Carolina or know someone in need who is, understanding each facet and especially the stage of the claim process can be one strategic way to ease your frustration and help you move forward with ease and efficiency.
Here’s a step-by-step breakdown of how the process can usually go just to give you a bird’s eye view or an idea of what you will have to go over.
The first step is to report your injury to your employer. You are supposed to do this within 30 days in North Carolina; however, it is best to do it right away. Written reports are better such as emails, texts, or letters, as these are good for establishing an initial paper trail to protect your rights.
You shall notify your employer, and then they will file a report with their carrier of worker's compensation insurance and the North Carolina Industrial Commission about the injury case. Basically, all this occurs within a matter of days following your report. Delays in doing this can hold up any benefits you could otherwise receive, so make sure to do this right away.
The insurer will then investigate to determine if it will cover you. They'll obtain medical records and ask your employer a number of questions to see if your injury is covered. This usually takes about 1-3 weeks. If they find that your case is worthy, you will start receiving temporary disability checks and your care will be covered.
Until your doctor pronounces you at Maximum Medical Improvement (MMI) status—meaning your condition is as optimal as it can potentially be—treatment is given. This status is vital because it is during that time that the physician will look at your long-term prognosis and permanent impairment. Accordingly, it may take several moons to more than a year, depending on the severity of your injury.
The agreement is then submitted for approval to the North Carolina Industrial Commission after settlement. It is legally scrutinized for "fairness" as well as compliance with state law. After receiving such approval, both parties would then proceed to sign the final agreement.
APPROVAL Always Comes After Agreement
Post reaching of settlement, it must be presented to North Carolina Industrial Commission for approval. The legality checks ensure that the settlement is fair and state law compliant. The parties will then sign the final agreement.
Once the approval is done, the payment is processed by the insurance company, typically takes about 2-4 weeks, but could take longer if paperwork is missing or additional corrections are required. An experienced attorney keeps pace and prevents the unnecessary delays.
What causes the settlement process to slow down?
Probably, the following will make your case drag on:
Take Smarter Steps
Here are some of the actions you would take to hasten your processing:
Help is Always Accessible
The North Carolina workers' compensation process can be a lot of work and can be very stressful and everyone suffers at some point. Knowing all steps one should take can make a world of difference with proper support. If you are unsure of how your claim stands, it may help to consult with an attorney to explain options that may advance your case resolution.
