As a workers’ compensation attorney, I believe that every worker should know their rights. When you come to me for help at James M. Snow Law, you can count on me to do everything in my power to help you get the compensation you deserve. In this article, I will go over a few key things that I want you to know in order to stand up for your rights in the workplace and when dealing with matters of compensation.
- File Your Claim as Soon as Possible- The first thing that this workers’ compensation attorney wants you to know is that you have a limited amount of time to file a claim, so you need to act. If possible, notify the employer within 30 days from the date of injury or disability, and you must notify the employer and the NC Industrial Commission within 2 years of the date of injury or disability.
- Document Everything- The second piece of advice I offer to all my clients is to thoroughly document everything to do with your injury. Write the details of your injury in all the forms you fill out, and make sure to go to a doctor who has experience with workers’ compensation cases and can provide additional documentation as to the seriousness of your injury. In addition, write down everything you remember about the day of the injury while it’s fresh in your mind, including details about who else was working that day and anyone who witnessed the event. Finally, be able to describe the duties of your job and exactly why you will be unable to do your job while you are healing.
- The Employer Can Fire an Employee Who Makes a Workers’ Comp Claim- I can file a civil claim for retaliation, but that does not give you an automatic right to reinstatement to a job from which you have been fired. However, if the employer fires you, that may not only enable damages for wrongful termination, but also may provide a path to additional workers’ compensation benefits. You ultimately have to decide whether your rights and health are more important than any single job, and if an employer would fire you for protecting your rights and yourself, you may not want to invest your life with that employer.