Workers Compensation Attorney in Wilmington NC: Advice for Workers Comp Claimants

Posted on: May 17th, 2013 by Bain & Rodzik

Workers Compensation Attorney in Wilmington NC: Advice for Workers Comp Claimants

Every year, over six million workers in the United States suffer injuries while on the job. For a great many of them, workers compensation provides a safety net to help protect their families from financial hardship until they are healthy enough to return to work. But, some workers aren’t so lucky.

Bain & Rodzik, a workers compensation attorney in Wilmington NC, is presented with workers comp cases on a daily basis in which employers refuse or deny their employees’ injury claims. We have found in many cases that some employers even go so far as to provide their injured employees with incorrect information in an effort to confuse them about their workers comp eligibility. Therefore, we think it is important to clear up some of the misconceptions.


The Three Eligibility Requirements for Workers’ Compensation

Despite all of the confusion about workers’ compensation, the eligibility requirements are actually pretty straightforward and easy to understand. The three eligibility requirements are the following:

  1. The individual or company that the claimant is working for must carry workers compensation insurance (In North Carolina, any business with three or more employees is legally required to do so)
  2. The claimant must be an employee for that individual or company
  3. The injury or illness must be work-related


When Should an Injured Employee File for Workers’ Compensation?

An employee who suffered an injury while on the job should file for workers’ compensation benefits as soon after the injury or illness as possible. The reason for this is because the longer one waits to file a claim, the greater the chance that the workers’ compensation insurance carrier will try to deny the claim. If the employee waits too long to file, the insurance company will usually argue that the claim is not fully legitimate.


What About Injuries that Develop Over Time?

Not all work-related injuries are instantaneous. Some, like carpal tunnel syndrome or repetitive motion injuries, can take years to develop. With these types of injuries, it is important to file your workers’ compensation claim immediately after the injury forces you to miss work or after the first time you visit a doctor for the injury.


Are All Injuries Eligible for Workers’ Comp Benefits?

Most injuries or illnesses that occur on the job or within the scope of employment are compensable under workers’ compensation laws. Examples  include accidents, sickness due to exposure, cumulative trauma injuries, occupational diseases and other types of illness.

The types of injuries that are normally denied for benefits include self-inflicted injuries, injuries caused by fighting or unprofessional behavior, injuries that occurred while under the influence of drugs or alcohol, injuries that occurred in the course of committing a crime, and most stress-related or other psychiatric injuries.


Understand Your Rights – Contact a Workers Compensation Attorney in Wilmington NC Today!

If you have recently suffered an injury while on the job or you missed work as a result of a cumulative condition and your employer or insurance company is denying your workers’ compensation claim, then contact Bain & Rodzik today. Our experienced workers’ compensation attorney in Wilmington NC has successfully represented thousands of injured workers cases and our legal team of experts can help you get the justice and compensation you deserve. We take on the big insurance companies and we will fight for your rights! For more information or to schedule a free initial consultation, please contact us or visit our website at

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