My workers compensation claim was made in the State of: NC
There's actually no claim yet...just need some advice.
My husband stepped off a piece of equipment and his knee popped, less than an hour before quitting time. It caused some discomfort, but nothing any normal person wouldn't just work through, so he didn't think much of it at the time.
It wasn't until he got home that it started swelling and hurting. The next day, he went to work, filed an accident report first thing, and then worked all day. By the end of the day, he was miserable in his knee pain, and his employer called to set up a dr. appt. They told him at that time that they would cover all medical costs, and if he was out more than 7 days, they would pay his missed time, 100%. He believed and trusted them, and liked the idea of getting 100% pay instead of the 66.x% that WC pays.
So he went to the dr. and the dr. assessed that he tore some cartilage, but scheduled an MRI to confirm, and put him out of work until further notice.
As the hospital was setting up billing and insurance before the MRI (which has not be performed yet..scheduled tomorrow), the "big" boss at his employer all of a sudden says he's not paying for ANYTHING because hubby did not fill out accident report the day of.
I read through the NC WC laws: Here are two key phrases under the "Notice of Accident to Employer" section:
Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable
but no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death
If I understand this correctly, he has 30 days to file that accident report and still get WC coverage, and that he DID report the accident "as soon thereafter as practicable" since the injury didn't "set in" until after he left work the day it happened.
He plans to talk to the big boss about this, and point out that there's no law saying you can't get benefits if you didn't report the accident on the same day. If his boss is still pig-headed about it, should we file the WC ourselves? Should we hire a lawyer to help with that process? Am I understanding the wording about the time frame for reporting an accident correctly?