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Workers Compensation: How to Know If I Have a Case

Author: Wallace & Graham, P.A.

Published: Thursday, August 5, 2021

Workers Compensation: How to Know If I Have a Case


If you were hurt at work, you should file a workers’ compensation claim. However, how do you know if you even have a case? What if your worker's comp case is denied? Do I have a personal injury claim instead? What if I don’t like the worker's comp judge decision? All of these are important questions that you should ask yourself prior to filing an NC workers comp claim.

Determining Whether You Have a Case

If you were hurt on the job, the first thing you should do is get medical attention. Everything else can come after that. That also gives you time to document what happened, as you will need to provide a statement of your injuries to the workers’ compensation board or your worker's compensation attorney. Writing down your statement helps you remember everything that happened, and you have a couple of days to do this.

In a nutshell, if you have a personal injury claim, someone is at fault for your injuries. With a workers’ comp claim, you do not have to show fault – you just need to show that you were injured on the job. Even if you were injured through your own negligence, you could apply for workers’ compensation.

If you believe you have a personal injury case, you have to prove someone was at fault for the accident. For example, if you slip and fall on a dry walkway that is in excellent condition on your way from one building to another, no one is at fault for the accident. If the same walkway, which is a high travel area for employees, is iced over or is uneven, you might prove that your employer was at fault for the accident because it did not maintain the walkway.

Workers Comp Denied Claim

If you believe you are entitled to a workers comp settlement, but your claim is denied, or you believe that the settlement is not a fair settlement, even when based on the worker's comp settlement chart, you have alternative options.

When Will Workers Comp Offer a Settlement?

Your employer’s workers’ compensation insurance will only offer a settlement if you can show that you were injured at work and if your injuries prevent you from working. The insurance company could award a settlement but can also take it away if they find out that you are not really hurt.

To prevent this from happening, always seek medical attention immediately after an incident, make sure you keep follow-up appointments, and follow your doctor’s orders.

What if I Don’t Agree with the Workers’ Comp Judge Decision?

If you do not believe that the workers’ compensation judge made a fair decision, you can retain a workers’ compensation attorney to help you appeal the decision. You also have the option to file a lawsuit against your employer and/or its workers’ compensation insurance.

People often try to get a settlement first since the courts could rule that you should get less than what a court might order. However, if you have injuries that are expected to turn into long-term or permanent disabilities and the workers’ comp insurance refuses to settle for enough compensation to cover them, you can attempt to litigate your claim.

When I Should Hire a Workers’ Comp Attorney

Many people try to settle their workers’ compensation claims during the first phase themselves. However, an NC workers’ comp attorney can help you through that claim and will already have the facts ready if you should have to file an appeal or litigate your claim. This commonly happens if the insurance company and/or your employer do not offer enough to cover long-term disabilities caused by work-related injuries.

Contact a workers’ compensation attorney at Wallace & Graham as soon after a work-related injury as possible to help file your initial claim, and in necessary an appeal, or to litigate your case so that you can get the compensation you deserve.