3 Red Flags That You May Need A North Carolina Workers' Comp Lawyer
In our years of experience handling North Carolina Workers’ Compensation claims, we have identified three major red flags that indicate it’s time to speak with a lawyer about your situation.
First Red Flag: Lack of Communication From Workers’ Comp Insurance Company
Have you filed your claim, but you cannot get the Insurance Company on the phone or they won’t return your emails after contacting them repeatedly? If your employer reported the claim and the Industrial Commission has your information and you haven’t heard anything from the insurance company for a significant amount of time, that is a red flag.
Insurance Companies delaying the process in this manner is not uncommon. The longer it takes to get things moving in your Workers’ Compensation Claim, the more advantageous it is to the Insurance Company to put up walls and defenses against your claim.
Second Red Flag: Medical Treatment Authorization
If your Workers’ Compensation claim seems to be going smoothly. You’re receiving benefits and getting medical treatments approved, but at some point medical treatments stop being authorized, that is a red flag.
An example of what we see is an individual will be injured at work, the claim will be filed and the injured employee will be referred to an urgent care. After the urgent care has exhausted their means of treatment, they will be recommended for an MRI with a referral to an orthopedic medical provider.
After the referral for the MRI, the Insurance Company fails to authorize the MRI and they fail to make the ortho appointment in a timely manner.
If the progression of your medical treatment begins to hit snags and delays, that is a red flag.
Not getting the treatment you need inhibits your recovery.
Third Red Flag: Permanent Restrictions Conflict
In this scenario, you are out of work due to your injury and the insurance company is providing you with all the benefits required. They are also approving recommended medical treatments.
Now, you have reached Maximum Medical Improvement, but have Permanent Restrictions that do not allow you to return to your employer because they do not have employment within those Permanent Restrictions.
At this point, there is a conflict between the two parties in the claim.
The conflict is because under North Carolina Workers’ Comp Law those benefits must continue to be provided until the injured employee returns back to work.
This throws an unknown timeline into the claim because there is no set timeline for how long it will take the injured employee to get back to employment. This timeline may involve Vocational Rehabilitation services.
From the insurance company’s perspective, they are paying ongoing benefits and they need to find a way to stop them.
Generally, there are three options: Get the injured employee back to work, settle the claim, or try to find a way to legally suspend or terminate the benefits.
When your claim enters that area of conflict that is a red flag.
Speak To A NC Workers’ Compensation Lawyer Today
If you have been injured at work and you’re seeing some of the red flags listed above in your claim, we welcome you to contact our firm today. Our consultations are always 100% Free and 100% Confidential. Contact Us Online or dial 800-434-8399 today.
