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Initiating A Workers’ Comp Claim (The Right Way)

February 1, 2024
Pati Law Firm

Knowing what to do after you get injured at work makes a substantial difference. Taking the proper steps is fundamental to receiving the compensation you need and deserve. It’s about dealing with the injury and ensuring you’re compensated for your losses and medical expenses. Understanding the proper steps can create a smoother process and better outcomes. Many overlook the simple step of reporting the accident to their supervisor, a foundational action in the workers’ comp claim process.

The First Thing You Should Do

When you get injured at work, report the incident to your supervisor. This might seem obvious, but how often this critical step is missed is surprising. Sometimes, you might feel fine right after the accident and only realize the extent of your injuries later. You have 30 days in NC to report your injury, but sooner is always better. In SC, the timeline is longer (90 days), but the key is to act fast. 

This initial report is crucial for a successful claim. It serves as the first official record of your injury. Delaying this step can complicate your claim, as injuries reported later are often viewed skeptically. Ensure that your report is as detailed as possible, including the exact time and location of the accident. (Many people will struggle to remember these basic details later on.) These details will help you establish that your injury was caused by what you were doing at work. Taking immediate action also shows your employer and insurance company that you are serious about your health and rights.

What Happens Next?

After reporting your injury, the following steps involve documentation and official filings. You must complete Form 18 and submit it to the North Carolina Industrial Commission in NC. This form details the injury, how and where it happened, and any witnesses. SC has a similar process, requiring injured workers to inform their employer of their injury. The employer should then file a Form 12A (First Report of Injury or Illness) with the SC Workers’ Compensation Commission. But in our experience, they don’t always do this. Having everything in writing is your best defense against forgetfulness and disputes. 

These documents are not just forms but are the backbone of your claim. They serve as a legal record that can be referred back to at any point during your claim process. It’s essential to fill out these forms accurately and in as much detail as possible. Incorrect or incomplete forms can delay or even jeopardize your claim. Additionally, keeping copies of all documents submitted is crucial for your records. This ensures you have the necessary information for any meetings or hearings related to your claim. Lastly, feel free to ask for help from a supervisor or HR representative if you need help filling out any paperwork correctly.

Partner with the Pati Law Firm

Starting a workers’ comp claim is the first step toward securing your rights and necessary compensation after a work-related injury. Missteps can lead to denied benefits and added stress during recovery. If you’re feeling overwhelmed or unsure about the process in North Carolina or South Carolina, we’re here to help. Our team understands the importance of every step, from reporting the injury to filling out the necessary forms correctly. We’re committed to guiding you through the process, ensuring your claim is filed correctly and efficiently. Contact us today to schedule a free consultation.

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Pati Law Firm

Pati Law Firm is a beacon of hope and guidance for individuals dealing with Workers’ Compensation and Social Security Disability cases. Our ethos is simple yet profound: we look beyond case numbers and focus on the individuals behind them.

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