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1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

How to File a Workers’ Compensation Claim

One of the most important parts of your workers’ compensation claim is the beginning.

Immediately reporting your injury and making sure all the correct forms are filed can help to try to ensure that your claim is accepted. So how do you go about filing a claim?

Report the Injury to Your Employer

As soon as you are aware that you have been injured at work you should inform your supervisor. Let them know the specifics of how, when, and where you were injured. Let them know about every body part that was injured. Fill out an accident report if your employer offers one, and if they don’t, write out a description of the accident and give it to your employer. This is important because insurance companies can use incomplete accident reports as a reason to deny all or part of a claim. We know. We have seen them use this denial tactic many times. Be detailed about how the injury occurred – particularly noting any unusual circumstances (falling, slipping, etc.).

File a Form 18 with the NC Industrial Commission

It is your responsibility to file your claim with the North Carolina Industrial Commission.

Do not assume that your employer will file your claim with the NC Industrial Commission for you.

To file your claim, you will need to complete a Form 18, which can be found on the Industrial Commission’s website.

Form 18 should be submitted to the Industrial Commission and to your employer within 30 days of your injury.

Include all the requested information, and again, be specific about how the injury occurred noting any unusual circumstances. Include the specific body parts involved. Body parts that are not included may be denied for treatment by the insurance company.

Mail or fax this form to the Industrial Commission at the address or fax number listed on the form. Make copies and give one to your employer. This form is what starts the ball rolling on your claim.

The Industrial Commission will send you an I.C. File Number for your case. The employer/insurer is then notified of a 30-day deadline by which to file a responsive form accepting or denying your claim.

There are a lot of moving parts to dealing with a workers’ compensation claim, and if not done correctly and within the timeframe required, your claim can become complex quickly – and it can even be denied.

Get a Free Case Evaluation From NC Workers’ Comp Lawyers

Notifying your employer and the Industrial Commission and filing a Form 18 is just the tip of the iceberg. If you are concerned about completing the form or dealing with the insurance company, contact us or call 1-866-900-7078. Don’t wait until the clock runs out. If your employer has no notice of the injury, the insurance company can likely use that as a reason to deny your claim when it otherwise might potentially have been accepted.

PS… if you think it is too expensive to hire a lawyer to help you, click here to learn more about our contingency fee. You may be surprised at the long-term consequences of not hiring an attorney.

What to Do When the At-Fault Driver Doesn’t Have Insurance

When involved in a car wreck, you might assume the other person has insurance to cover damages. (What is it they say about the word assume?)

Next time you’re sitting in traffic, count 10 cars around you. One in nine of those drivers does not have insurance coverage in North Carolina, according to carinsurance.com.

Viewed another way, North Carolina’s roads and highways carried 105 billion vehicle miles of travel in 2012 according to a 2014 NC Chamber Foundation report. That means uninsured drivers drove 9.45 billion miles across North Carolina’s highways.

So how does that affect you?

How Do Uninsured Drivers Hurt You?

Uninsured drivers affect all of us in a lot of ways. First, insurance rates for those of us who do have insurance tick up higher. Secondly if you are involved in a car wreck with an uninsured driver your uninsured motorist coverage doesn’t always protect you.

What Do I Do After an Accident Involving an Uninsured Driver?

Get as Much Information as You Can

Write down the driver’s name, contact information, driver’s license number, and license plate number whether they are insured or uninsured. Take pictures of your car, their car, and the scene of the wreck. It is important to have this information in order to show your side of the story, to have justification and liability on your side.

Call the police

Report the collision to the police, just as you would do in any other crash. Law enforcement officers will record that the motorist didn’t have insurance and cite them for breaking the law. This report will help your insurance claim later on.

Call Your Insurance Company

You must immediately report the accident to your insurance company. Some policies have time limits on when you can make a claim, so make sure to contact them immediately. Check your policy to see if you have uninsured or underinsured motorist coverage. (If you don’t have it, we highly advise that you get it.)

If you were at fault for the accident, your insurer should potentially cover your losses based on your collision coverage.

If you were not to blame and the uninsured or underinsured driver was, your insurer should potentially cover the losses based on either your uninsured or underinsured motorist’s coverage. The insurer will pay for your damages by standing in for the person who caused your crash and whose liability insurance should have paid.

Uninsured Motorist Insurance. Uninsured motorist insurance is designed to compensate you up to the policy limits for any injuries or damages that you sustain when the other party has no insurance.

Underinsured Motorist Insurance. Underinsured motorist insurance is designed to cover the difference up to the policy limits when the other party’s insurance coverage isn’t enough to cover the damages.

Other Insurance. Even if you do not have either of these insurance claims, you may still have coverage for your damages. Your collision and medical payments coverage may cover the damages to your car and medical bills. Your health insurance may also be used to cover the cost of medical treatment.

Click here for more ways to try to protect yourself after a car accident.

Will My Insurance Rates Go Up?

It is important to know that if you were not at fault for the crash and you make an uninsured or underinsured motorist claim, your insurance rates typically should not rise. This is because an accident caused by another motorist should not count as an accident on your own driving record. Keep in mind there are always exceptions.

In situations like these we strongly urge you to contact a North Carolina car wreck attorney to try to help you obtain the compensation you potentially deserve. Click here for questions to consider asking attorneys before you hire one that suits you.

Why Call the Law Offices of James Scott Farrin Car Wreck Lawyers?

We have fought this fight for over 3,000 clients for whom we recovered over $100 million* in 2016 alone. Since 1997, over $700 million in gross has been recovered for over 30,000* clients. And these numbers don’t include the $1.25 billion* we helped recover against the U.S. government for 18,400 claimants in a historic class action case.

We’ve done this because we have lots of quality professionals. Nearly 200 staff including over 40 attorneys. Eight of these attorneys are North Carolina Board Certified Specialists in their fields (a distinction less than 4% of the 28,000 NC licensed attorneys can claim**).

North Carolina Personal Injury Attorneys Evaluate Your Claim For FREE

If you were involved in a North Carolina car wreck and the at-fault driver was uninsured or underinsured, or click here to contact us or call any time at 1-866-900-7078.

 

*Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome. In Re Black Farmers Discrimination Litigation, the Law Offices of James Scott Farrin led a team of firms to recover $1.25 billion for African-American farmers from the U. S. government for discrimination.

**Figures from NC State Bar through December 2016.

Contact Information

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078