Can I lose my workers Compensation If I delay filing? | King Law Firm

 

Can I lose my workers Compensation If I delay filing?

 

Yes, unfortunately, you stand to lose your workers’ compensation benefits if you take too long to report your  claim after slipping at the office. It’s not necessarily your fault either because you may have just had a sore back after the slip.  

It’s when the fall leads to back pain that worsens with time, and your doctor thinks that the slip may have seriously hurt your back, that you wonder if you can still claim your workers’ comp benefits

Each state has its filing deadline, so it may be too late to file. North Carolina law, like most states, states that you have to register within 30 days of the injury date to receive any benefits.

Failure to do so may lead to your losing your right to collect benefits. 

However, this doesn’t mean you shouldn’t turn to an experienced North Carolina workers compensation lawyer for help.

You may not be aware of all of this, but it’s your workers’ compensation lawyers job to know. 

 How you may still be eligible to make a claim

You should consult with an attorney if your employer tells you that you are too late to file a claim. They will be able to tell you if it’s real and if you have any other option to make your claim.

Your lawyer can help because they know about the various circumstances where most states will excuse late reporting.  

So if you have missed North Carolina’s reporting deadline, you may still be eligible for the benefits if:

 

  • Your employer knew or would have known about the injury because they had witnessed or were informed about it 
  • There is a good reason for not telling anyone, including your employer. It may be because you were in quarantine for a contagious disease, had fallen in a coma, or were immobilized and couldn’t convey the information. 
  • Your employer didn’t suffer from any losses or harm because of your negligence in reporting the injury on time  
  • Your employer failed to put up work comp rules notices, something they legally have to do.  

You will not be aware of all of this, but it’s your workers’ compensation lawyer to know.  

Occupational illnesses are exceptional 

You have more time to notify your employer if you have an occupational illness like arthritis, carpal tunnel syndrome, or lower back pain. In the case of occupational illnesses, the date of injury is the date when you learn that your work activities had lead to its development.  

So in your case, you may be eligible for your work comp benefits even if your deadline has passed from the slip date, your back pain had worsened with time, and your doctor only later diagnosed it as a work-related injury.   

However, don’t waste time once your doctor informs you about your condition.  

You have to immediately report your injury to your employer and discuss your case with your workers’ compensation lawyer. Your attorney will work at ensuring you receive the workers’ compensation benefits you deserve. 

 

 

Contact King Law Firm today to schedule a free consultation at (800) 635-1683

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