Can I File Bankruptcy

One major concern when filing Chapter 7 bankruptcy is the potential for your bank to freeze your bank accounts. This article addresses the reasons why a bank might freeze your bank accounts, and how to avoid it.

Why Will The Bank Freeze My Bank Accounts?

Generally, when you take out a debt with a bank, the credit agreement contains a right to set-off. This means the bank has the right to reach into your checking, savings or other accounts held by the same bank, and use those funds to pay the debt owed to them. Therefore, if you bank with Wells Fargo, and also have a Wells Fargo credit card, you should take steps to make sure the funds are not frozen when you file for Chapter 7 bankruptcy.

Often the funds in question are exempted on your bankruptcy petition. This means you have protected these funds and you will ultimately be allowed to keep them. However, this may not keep the bank from temporarily freezing the funds until your bankruptcy attorney or the bankruptcy trustee makes a formal request to have them released. As a result, you will experience the inconvenience of losing the use of those funds for an extended period of time.

How Can I Avoid Having My Bank Accounts Frozen?

Generally speaking, the safest way to avoid having funds frozen is to withdraw those funds prior to filing bankruptcy. You can hold the funds as cash on hand, or you can transfer them into another bank where you do not have any debt. The only funds a bank can freeze are the funds in the account on the day the bankruptcy was filed. For a lot of Chapter 7 clients, this means they keep the account open, but leave a very low balance in it on the day of filing. This minimizes the damage if the funds are frozen.

Is This Going To Raise Suspicion With The Bankruptcy Court?

No. Transferring funds in this manner is permissible. This is distinguishable from transferring the funds to another individual, which may constitute a gift or a preferential transfer.

How Will I Know If I Need To Transfer Funds Prior To Filing?

Consult with your Chapter 7 bankruptcy attorney regarding this specific issue, prior to the filing of your petition. Identify if you have debt and deposits with the same bank. If so, devise a plan of action with your attorney so that on the date of filing your balance is low enough that even if the funds are frozen you will not be inconvenienced.

Speak With A Charlotte Bankruptcy Attorney

If you’re considering filing bankruptcy and would like to know more about your options, call us to set up a free phone consultation, at 704.749.7747. Or, click HERE to quickly request a call from us. Bankruptcy provides a powerful way out of stressful financial situations. We hope you’ll choose to Recover With Us.

Injury Claim

Car accidents and slip and fall accidents can turn your life upside down in an instant. Some injured individuals assume they automatically have a personal injury claim against the driver who hit them. Some injured individuals think the grocery store where they slipped and fell should always compensate them. Whether you have a personal injury claim or not depends on the facts.

Did The Other Party Owe You A Duty?

In order for someone to be responsible for your injury they must first owe you a duty. Typically, that duty is one of Reasonable Care in the situation. A grocery store owes its customers a safe environment, free from hazards. Another driver owes the drivers around them. Namely, the duty to avoid causing injury to others.

Did The Other Party Breach Their Duty?

Once it is determined a duty was owed, you must next establish that duty was breached. In a grocery store slip and fall, an example would be if a store left standing water on the floor for an hour while shoppers were using the store. Or, if a grocery store was on notice that a cooler was leaking and failed to fix that cooler. If the water from the cooler leaked onto the floor, the duty was breached.

If another driver drives excessively fast, or leads police on a high speed chase and causes an injury to you, there is a good argument that driver has breached their duty to you. Generally, in North Carolina, if you rear-end another driver, you will be judged to have breached your duty to them. Therefore, a failure to leave enough stopping distance is a breach of duty.

Did The Other Party’s Actions Cause Your Injury?

Many times, when negotiating a personal injury claim, insurance companies want to argue over pre-existing injuries. If you fall in the grocery store and require surgery, the store wants to know if you already needed the surgery, prior to the date of the fall. If your primary complaint is back and neck problems, the store will want to know if you have a history of neck and back problems. Essentially, the at fault party is only responsible for the injury they caused—not for any injury you already had, or for any injury another party caused.

Do You Have Damages?

There are many times where a duty is owed, the duty is breached, but there are no damages. For instance, if someone is rear-ended by a vehicle traveling at 5mph. While technically speaking there was an accident, you would have a difficult time proving a bodily injury came about as a direct result of the injury.

Speak With A Charlotte Personal Injury Lawyer Today

If you’ve been in an auto accident, or a grocery store flip and fall, you may have a personal injury claim. Call us today at 704.749.7747 to discuss your personal injury claim. We’re here to help you understand the options and you don’t owe us anything unless we reach a settlement for you. Or, if you’d like to schedule a free consultation by email, click HERE and we’ll reach out to you to set up a time to talk. We know you have choices. We hope you choose to Recover With Us.

Charlotte Chapter 7 Bankruptcy

The purpose of this article is to discuss filing a Charlotte Chapter 7 bankruptcy. Our firm is located in SouthPark in Charlotte, NC and we serve the Charlotte Division of the Western District of North Carolina.

The Need

You’ve probably tried debt settlement, negotiating with creditors, and finally, you’ve threatened bankruptcy. Unfortunately, not much works with big banks. Most clients we work with have really put a lot of pressure on themselves to pay off debts and just can’t get ahead. Finally, they truly consider bankruptcy.

How We Can Help

As a Charlotte bankruptcy attorney, I get to experience the satisfaction of helping people to truly get a fresh start. It is probably the most rewarding aspect of the job. Our team is ready to assess your financial situation and help determine if you will qualify for a Chapter 7 or Chapter 13 bankruptcy in Charlotte, North Carolina.

First of all, we will have you submit some basic information so that we can understand a little more about your assets and income. After reviewing and discussing that information with you, we can tell you if we think you will be a good candidate for bankruptcy. Another thing we discuss is your financial dealings over the recent past—transfers, payments to creditors, new debt, etc. Finally, with your full financial picture completed, we can prepare a bankruptcy petition for you to see if you pass the Means Test in bankruptcy.

The filing of the bankruptcy petition triggers the automatic stay in bankruptcy under 11 U.S. Code section 362. It prevents your creditors from contacting you for the purpose of attempting to collect a debt. The automatic stay is in effect during the duration of your bankruptcy.

Most Chapter 7 filings only require one short court appearance which we attend with you. Furthermore, the appearance is with the bankruptcy Trustee—he or she will ask questions about the petition we submitted. In contrast to what most client believe, creditors rarely attend these meetings.

Lastly, you’ll receive your discharge in bankruptcy. This means your allowable debts incurred prior to filing bankruptcy are no longer your burden.

Next Steps

If you’d like to speak with an attorney about a financial situation, or get a fee for a bankruptcy, please call 704.749.7747. You can also fill out a simple form HERE to request a phone consultation. Consultations are free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Loans Against Personal Injury Claims

https://thelaytonlawfirm.comThe purpose of this article is to discuss Charlotte personal injury attorney reviews, and how you can use them to help you decide on a Charlotte personal injury attorney.

Your Pain

Deciding on a Charlotte personal injury attorney can be difficult. You’re presented with numerous letters in the mail from attorneys. The television has non-stop advertisements for attorneys. Lastly, when you get online to search for a Charlotte personal injury attorney, the results can be overwhelming.

In many situations you’ve recently lost a loved one due to personal injury, or you’ve experienced injuries such as a concussion, broken bone, or neck and back injuries. Your world was turned upside down in a moment. Sometimes due to an auto accident, sometimes a slip and fall. In many cases, our clients are passengers who played no role at all in the event – yet, they are in need of guidance and representation.

In conclusion, sorting through the options is the first step in deciding on an attorney and the Charlotte personal injury attorney reviews can help you to get a feeling for the experience others have had when working with a particular lawyer or law firm. The reviews you will read online contain important insights regarding how well the attorney communicated with the client, and whether the client was happy with the results.

How We Help

Once you’ve sorted through the Charlotte personal injury attorney reviews, you can decide on one or two firms you think you would like to work with. Your next step would be to have a phone consultation with the firm you’re considering. Here are a few key questions you should ask them, and here are samples of the answers you will receive from our firm.

QUESTION: Do I Have A Good Personal Injury Case?

ANSWER: First of all, the lawyer should ask you a few questions about the facts of your case to help the lawyer determine whether there is liability. Accidents happen all the time. Furthermore, whether you have a valid claim against another party depends upon whether they were at fault. In North Carolina, it also matters if you contributed to the accident in any way. This is part of the premise of Contributory Negligence.

QUESTION: How Long Will My Personal Injury Case Take?

ANSWER: A typical answer is that cases can drag on and on. Truthfully, it depends on the facts. While this is true, our firm has a schedule we will present to you based upon your last date of medical treatment. From that point forward, we have target dates for each phase of your personal injury claim or case. We provide you periodic updates. As a result, we make sure you know that things are progressing, and we’re always here if you want an unscheduled update.

QUESTION: How Much Is My Personal Injury Case Worth?

ANSWER: You should be nervous about any personal injury law firm that will tell you what your case is worth without first researching the facts surrounding the case, and identifying the extent of your injuries and your medical treatment. If you have lost wages which can be verified by an employer, the value of your case changes as well. Therefore, we will know more about the value of your case once we begin working on your case.

QUESTION: Why Should I Choose The Layton Law Firm?

ANSWER: Rather than boast about our unique results, the honest answer is we believe many law firms can get a great result for you. We consider ourselves to be one of those firms. In addition to good results though, you need a lawyer and legal team who cares about you and understands what you’re going through. It’s not enough just to do a good job on the claim. Consequently, you should feel like you were important along the way. We do this by giving you regular updates and helping you understand where we are in the claim process, and what the next steps are in an attempt to resolve your case favorably.

Next Steps

If you’re looking through Charlotte personal injury attorney reviews, you’ll find we have many favorable reviews. We are especially proud of those reviews. We are proud that clients chose to go online and leave such wonderful remarks about working with us. Those reviews especially remind us that the client is what matters most.

If you would like to speak with a Charlotte personal injury attorney about your case, please call us at 704.749.7747, or click HERE to quickly schedule a free consultation. We know you have options. We hope you choose to Recover With Us.

filing bankruptcy while married

The purpose of this article is to explain the effect of a writ of execution, and help you understand your options which include filing bankruptcy.

Your Pain

If you’ve received a writ of execution, it’s because a creditor has a judgment against you and is trying to collect on that judgment. The writ of execution will be served or delivered on you by the Sheriff. Essentially, it gives the Sheriff the power to take assets which you own, in an attempt to pay off the judgment.

Prior to the writ of execution, you should have received a Notice of Right To Claim Exemptions, which is important to complete and submit in a timely manner. This notice allows you to exempt some or all property so that a Writ of Execution will not later harm you.

If the Sheriff shows up with the Writ of Execution, the best thing you can do is communicate with them. If you plan to file bankruptcy shortly, you should tell them that. You can even give them your bankruptcy lawyer’s name and phone number. Usually, the Sheriff will want to know if you have a bankruptcy case number—you don’t get one of those until you file; however, the Sheriff may also give you an extension to allow you some time to get your bankruptcy filed.

How We Help

As Charlotte bankruptcy attorney, my job is to keep creditors from seizing your assets. We can confirm that you are working with our firm to file a bankruptcy, and even tell the Sheriff’s office when we expect to file the bankruptcy. Additionally, we can help you understand the effect of a Writ of Execution, a Judgment or a Notice of Right To Claim Exemptions.

Mainly, if creditors have a judgment against you or are pursuing judgments, it’s time to talk to a Charlotte bankruptcy attorney about whether filing a Chapter 7 is the right choice for you. Whether you file with our firm or another firm, part of our job is helping you understand the options.

Next Steps

If you are having trouble with creditors and would like to know more about the option of filing a bankruptcy, give us a call. Phone consultations are free and we’re here to help. Most consultations can be done over the phone. You’ll get the guidance you deserve and you’ll be empowered to take next steps. Call 704.749.7747 or click HERE to request a consultation. We hope you choose to Recover With Us.

The purpose of this article is to help you better understand how using Charlotte auto accident lawyers will protect you as you navigate your personal injury matter. While there are many great Charlotte auto accident lawyers to choose from, what’s most important is to find a lawyer who will do a good job for you and provide you with the individual attention you deserve along the way.

Your Pain

Working with insurance adjusters without a Charlotte auto accident lawyer by your side can get very tricky very quickly. You may find that the adjuster uses the police report against you to allege contributory negligence. You may also find the adjuster does not want to honor your lost wages, or pay you fully for the medical treatment you received. Insurance adjusters make it their job to de-value your claim every step of the way. And don’t forget, they are most likely recording every conversation you have on the telephone.

How We Help

As a practicing Charlotte auto accident lawyer, I try to put myself in the shoes of my clients. The primary question in most claims is whether you will end up doing better with a Charlotte auto accident lawyer than without one. While every case is different, my experience has been that even after paying an attorney fee, the client does better with a lawyer than without one.

Your Charlotte auto accident lawyer understands the law as it relates to the facts of you case. With that understanding, the lawyer can refute assertions by the insurance company that the accident was your fault, or that the medical treatment you received was unnecessary or excessive. Having a Charlotte auto accident lawyer working for you increases the value of your claim because the other side doesn’t want to end up in court where they will spend more money, to potentially lose the case.

One element of a successful personal injury settlement involves understanding and negotiating medical billing related to the accident. There are federal rules which create liens in favor of health care providers. Charlotte auto accident lawyers understand those rules and have strategies for negotiating those liens in your favor. The end result is more of your settlement goes to you and less goes toward medical bills.

Perhaps the most important element of working with a Charlotte auto accident lawyer is  having someone you trust on your side. Additionally, the law firm is handling the stressful process of negotiating a personal injury claim on your behalf. That way, you can get back to your life as quickly as possible and trust the end result will be the best possible outcome.

Next Steps

If you’ve been in an accident and would like to know more information about working with a Charlotte auto accident lawyer, call us today. We’re happy to help, and we hope you choose to Recover With Us. You can call 704.749.7747 or click HERE to request a phone consultation today.

Don’t settle your personal injury claim without a personal injury attorney. You may be skeptical hearing this from a Charlotte personal injury lawyer or law firm, and we understand that. To be clear, it doesn’t matter to us whether you use our law firm or another firm—what’s important is that you get the representation you need and deserve when negotiating your personal injury settlement. This article outlines a few reasons why it’s almost always better to hire a personal injury lawyer to help with your claim.

The Personal Injury Contingency Fee

The personal injury contingency fee is described many ways. Most often, you hear it described by attorneys as “We don’t get paid unless you get paid”. What we like so much about the contingency fee is that we feel it keeps personal injury lawyers honest. If an attorney is getting paid by the hour to work on your case, they might work on your case even if they don’t believe you’ll win anything. But, when the attorney is only getting paid if they’re able to get a settlement or jury verdict for you, it enables you to trust what the lawyer tells you about your case. If the lawyer wants your case and is willing to work on it for free (potentially), it tell you the lawyer has faith in the case and feels they can help you prevail against the insurance company.

Your Personal Injury Attorney Will Help Maximize Your Settlement

How do you know when you’ve reached a “top offer” from an insurance company? What is a fair settlement? The honest answer is you will never truly know. But, when you work with a personal injury attorney, the attorney takes on the negotiation process for you. Without an attorney, you’ll find insurance adjusters de-value your case by presenting facts to you in the light most favorable to their side. Lawyers are accustomed to these arguments and have answers which help to neutralize the argument and focus on the true value of the claim or case.

After you’ve reached the top offer from the insurance company, your personal injury lawyer will typically be able to negotiate down some of your medical billing, which increases the amount of money you receive from the settlement. This includes negotiating health insurance ERISA liens, negotiating hospital billing, and even negotiating with Medicaid and Medicare liens where possible. These negotiations make a meaningful difference in your settlement amount.

Your Lawyer Protects Your Rights

When you reach a settlement with an insurance company, the company gives you the settlement check in exchange for a full release of liability from you. This means that all claims arising from the accident or injury are settled. The release is full of language with legal implications which can affect you if you need future treatment or if you’re a Medicaid or Medicare recipient. Additionally, the release is final as to all other claims related to the incident. It’s extremely important to have an experienced personal injury lawyer review this documentation and explain it to you before you sign it.

Your Personal Injury Lawyer Has Experience

Personal injury lawyers settle claims routinely. Over the course of several years, they understand the value of claims. This experience enables them not only to maximize the value of your claim, but also enables them to assess when they’ve received a fair offer. The attorney can compare the offer on your settlement to similar claims they’ve settled or taken in front of a jury in the past. Most personal injury attorneys are part of a network of plaintiff’s attorneys and that community of attorneys share their results with one another, and help one another to do best by their clients. You receive the benefit of this when you choose to work with a personal injury lawyer.

The Consultation Is Free

There’s no commitment required when speaking with a personal injury lawyer. Our office offers free consultations to help you assess whether you have a claim, and what your next steps would be in pursuing a settlement or filing a lawsuit to protect your rights against another party. If you would like to find out more, please call us at 704.749.7747 or click HERE and an attorney will call you. We’re here to help. We know you have choices. We hope you’ll choose to Recover With Us.

student loans in bankruptcy

No, bankruptcy does not cover student loans. Well, at least bankruptcy does not “get rid of” student loans. This is the starting point in the discussion regarding student loans and bankruptcy. While that answer is not attractive, most clients find that filing a bankruptcy provides them with the relief they need from other debt such as credit card debt and medical debt. With those items out of the way, most clients find they can actually make their student loan payments.

The Exception To The Rule

Every rule has exceptions, and the same is true of student loans in bankruptcy. If you can prove that the payment of the student loans will pose an undue hardship on you and your dependents, you may be able to get your student loans discharged in bankruptcy. Courts use the Brunner test to determine if an undue hardship exists. It requires showing that: a) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; b) additional circumstances exist indicating this state of affairs will persist during the remainder of the repayment period, and c) the debtor has made good faith efforts to repay the loans. Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987).

Debtors can expect a vigorous defense to be put on by attorneys representing the lenders in these situations, and the cost of litigating this issue combined with the low chance at success leads most individuals to simply accept that student loans aren’t going away in bankruptcy.

How Does Bankruptcy Help With Student Loans

There are a few ways in which bankruptcy does help with student loans. First, during the roughly 100 days your Chapter 7 is open with the court, your student loan lenders are not allowed to attempt to collect money from you. This is due to the Automatic Stay in bankruptcy. This provides a welcome break from student loans for a few months. You can expect collection attempts to continue after the Chapter 7 closes. In Chapter 13, you can elect to include your student loans in the Chapter 13 to be paid as unsecured debt. This amount is typically pennies on the dollar compared to what you’ve been paying. The downside of course is that during the Chapter 13 you will not make any progress toward the balance on the loans—however, we know that’s not the goal at the moment. The goal is some relief, and Chapter 13 can provide it in this manner.

What Are The Next Steps

Speak with a bankruptcy attorney about your student loans and other debts which are causing you to consider bankruptcy. Bankruptcy is a very powerful form of relief which immediately changes clients’ lives or the better. We are happy to discuss your options with you and there is no charge for the phone call—we’re happy to help. Call us at 704.749.7747 or click HERE to request a call from us. We know you have choices, we hope you choose to Recover With Us.

How Fast Can I File Chapter 7 Bankruptcy

The total time it will take to reach a personal injury settlement from the time you finish treatment until the time you settle your case, is roughly 5 months.

This article explains the timeline and steps along the way to your personal injury settlement. The goal is to prepare each client for the rather drawn out process involved in reaching the best personal injury settlement possible for their claim or case.

First, we should distinguish between a personal injury claim and a personal injury case. A personal injury claim generally refers to the action you are taking to attempt to collect for damages against an insurance company prior to filing a lawsuit. Your personal injury claim becomes a personal injury case or lawsuit, only when a lawsuit is filed. Fortunately for all parties, most claims settle without your personal injury lawyer ever having to file a lawsuit.

Your First Step Is To Finish Treatment

Before you finish treatment, your personal injury attorney can’t request medical records and medical billing from your treatment facilities. Prior to finishing treatment, your personal injury attorney can do the following:

  • Set up the claim with the insurance company that represents the other party;
  • Gather information from you regarding the circumstances surrounding your accident and injury;
  • Keep track of the facilities where you are being treated, and the physicians who are treating you;

After Treatment Is Finished

Once treatment is finished, your personal injury attorney can order all of your medical records and medical billing that occurred between the date of the accident and the last date of treatment. These records generally take 45 to 60 days to be returned to the attorney’s office.

Reviewing Medical Records and Billing

After the billing and records have been received by your personal injury attorney’s office, the lawyer and paralegals can begin to review the billing and medical records and start the process of drafting your demand letter (The letter to be submitted to the insurance adjuster requesting a settlement). This process generally takes two weeks and once your demand letter and demand package are ready to be reviewed, you will be contacted by the office to review the letter together.

Reviewing the Demand Letter and Demand Package

Your personal injury attorney will ask you to review the draft of the demand letter to be sure there are no inconsistencies, to confirm the facts are correct, and to discuss the following elements of your demand:

Submitting The Demand Package

By the time the demand package has been reviewed and is ready to be submitted, and based on the timeline above, typically roughly 2 to 3 months have passed since you completed your treatment. This again allowed for time for medical bills and records to arrive, for the attorney to review them, and for you to discuss your demand with your attorney.

Once the demand is submitted, the insurance adjuster typically takes 30 days to review it prior to making a determination as to whether they agree with your theory of liability and whether they are willing to make an offer of settlement. Your attorney will contact you at the 30 day mark after submitting the demand, to review the status of the demand package and any offers which have been made.

Negotiating To Settlement

Once the insurance adjuster has had time to review the demand package and make an offer, you and your personal injury attorney will discuss a counter-offer in hopes of moving closer to your personal injury settlement. The good news is that the series of counter-offers which follows does not require 30 days of review. The review process has already been completed and both sides can negotiate quickly toward a settlement. This process ideally takes 30 to 45 days to finalize and reach a settlement.

When Will I Receive A Check

Once a personal injury settlement agreement is reached, the insurance company will generally issue a check immediately and send it to the attorney’s office to be deposited into the attorney’s trust account. You’ll be asked to sign a release for the insurance company as well as a settlement statement for the attorney’s office, and you’ll pick up your check at that time.

What If We Don’t Reach A Personal Injury Settlement

If you don’t or can’t reach a settlement, you and your attorney will discuss filing a lawsuit in the matter. The decision to file a lawsuit is one you and your attorney will both need to make. The law firm must consider the chances of success, the good and bad facts surrounding your case, and the cost of litigation. Your attorney will discuss all of these factors with you and weigh them not only when considering a settlement offer, but also if a settlement can’t be reached at all.

Can You Summarize The Timeline

A summary of the timeline outlined above, is below. Keep in mind each claim is unique and some may settle more quickly than others, while some take longer.

Step 1: Finish Treatment

Step 2: Order Medical Bills and Medical Records (Takes 45-60 days)

Step 3: Review Bills/Records (Takes 2 weeks)

Step 4: Discuss Demand Draft (Included in Step 3 above)

Step 5: Submit Demand Package And Receive First Offer (Takes 30 days)

Step 6: Finalize Negotiation and Disburse Funds (Takes 45 days)

The total time it will take from the time you finish treatment until the time you settle your case, is roughly 5 months.

If you would like to speak with a Charlotte personal injury attorney about your personal injury claim, please call 704.749.7747 today. The call is free and we’re happy to help. Or, you can click HERE to request a call from us. We know you have choices, and we hope you will choose to Recover With Us.

workers compensation

According to statistics, almost 2.9 million workers across the country sustained workplace injuries and illnesses in 2015.

Most of those injuries involved time off work, job restrictions or transfers. Workplace injuries in North Carolina put workers out of work every day leaving them unable to support their families. North Carolina workers’ compensation pays benefits to employees who are injured on the job. Workers may receive medical treatment, compensation for wage loss, and other financial assistance. Employers are mostly required to provide workers’ compensation to employees.

In order to preserve your rights in this regard it is important to understand what actually qualifies as a workers’ compensation claim. An injury caused by an unexpected accident or incident that occurred in the course of employment is what qualifies as a worker’s compensation claim. Other occupational injuries that occur over time such as repetitive trauma injuries like carpal tunnel syndrome also qualify for workers’ compensation benefits.

Employees diagnosed with diseases that are associated with certain occupations or employment also may be covered by worker’s compensation. All employers in North Carolina are required to carry workers’ compensation insurance for employees that are injured or develop an illness related to workplace exposures.

Necessary Steps To File a Workers’ Compensation Claim In North Carolina

  • It is important to notify your employer of a work-related injury in writing within 30 days of sustaining the injury. Make a simple written statement about what happened and include the date of the accident. Even if there is no time lost from work because of the workplace accident you should notify your employer as soon as possible. If you are unable to do so yourself because of the severity of your injury, then have a family member, friend or your health care provider inform your employer.
  • Get medical attention as soon as possible. If your place of employment has a doctor on site then you should see them. If your employer sends you to a doctor or healthcare provider somewhere else, go see the health care provider. You can also visit your own doctor but you are required to see any healthcare provider your employer designates.
  • Describe your injury or illness to the doctor in detail. The doctor should be aware of the fact that your injury happened in a workplace accident or your illness developed as a result of workplace exposures. Give your employer’s name to the doctor because it allows the doctor to record the treatment as a workers’ compensation expense.
  • Follow doctor’s orders. It is imperative that you follow any and all directions that the doctor gives you regarding your treatment. The primary aim of workers’ compensation insurance medical care is to restore the employee to the health and ability to work as before the injury occurred. Failure to follow the doctor’s instructions and appointments will jeopardize your workers’ compensation benefits.
  • It is important to make sure that your claim is filed correctly with the N.C. Industrial Commission. All claims are initiated with the Industrial Commission’s Form 18 which is available in paper and electronic form. It must be filled out completely and submitted. Additional forms should also be filled accurately as the claim is processed. Do not fail to complete and submit any form that applies to your claim.
  • It is important to make and keep copies of every letter, every medical report, every bill, and every completed form. In the event that there is a dispute regarding your workers’ compensation claim, you may need to show proof that you have acted according to the law.
  • It is imperative to follow the notification process and remain within the time limits otherwise your claim may be denied.

An injured employee is eligible to receive workers’ compensation benefits until he or she is able to return to work.  If you or someone you love has suffered a job-related injury or illness, you may need to file a North Carolina workers’ compensation claim. Call us at 704.749.7747 for a free consultation or click HERE To request a call. We hope you’ll choose to recover with us.

Author: The Law Office of Pittsburgh Injury Lawyers offers a diverse range of legal services with special focus on workers compensation, personal injury, and Social Security Claims.