If you are injured at work, you should file a workers’ compensation claim. However, how do you know if you have a case? What if your workers’ compensation case is denied? Do I have a personal injury lawsuit instead? What do I do if I don’t like the labor judge’s decision? These are all important questions you should ask yourself before filing a North Carolina workers’ compensation case .

Determining if you have a case
If you have been injured at work, the first thing you should do is seek medical attention. Everything else can come after that. This will also give you time to document what happened, as you will need to submit a statement about your injuries to the workers’ compensation board or your workers’ compensation attorney. Writing down your statement will help you remember everything that happened, and you have a couple of days to do so.

In short, if you are filing a personal injury claim, it means someone is at fault for your injuries. When you file a personal injury claim, you don’t have to prove your fault – you just have to show that you were injured at work. Even if you were injured through your own negligence, you can file a workers’ compensation claim.

If you think you have a personal injury case , you have to prove that someone was at fault for the accident. For example, if you slipped and fell on a perfectly maintained dry walkway on your way from one building to another, no one is at fault for the accident. If the same walkway that employees walk on is covered in ice or has bumps, you can argue that your employer was at fault for the accident because they did not maintain the walkway.

Application to Deny Workers’ Compensation
If you believe you are entitled to workers’ compensation but your claim is denied or you believe the settlement is unfair, even if it is based on the Workers’ Compensation table, 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 prove that you were injured on the job and if your injuries prevent you from working. The insurance company can award compensation, but it can also cancel it if it finds out that you weren’t actually injured.

To prevent this from happening, always seek medical attention immediately after the incident, be sure to attend follow-up appointments, and follow your doctor’s instructions.

What should I do if I don’t agree with the employment judge’s decision?
If you don’t think the workers’ compensation judge made a fair decision, you can hire a workers’ compensation attorney to help you appeal the decision. You also have the option of suing your employer and/or its workers’ compensation insurer.

People often try to get a settlement first, because the courts may decide that you should get less than the court may decide. However, if you have injuries that are expected to turn into long-term or permanent disabilities and workers’ compensation insurance refuses to pay enough compensation to cover them, you can try to sue in court.

When should I hire an employment lawyer
Many people try to settle their workers’ compensation claims on their own in the first step. However, a North Carolina workers’ compensation lawyer can help you with this claim and have the facts ready if you have to appeal or contest your claim . This usually happens if the insurance company and/or your employer do not offer enough coverage for long-term disability caused by work-related injuries.

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