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Common Problems With Workers’ Compensation Claims and Insurance Company “Tricks”

Riddle Brantley LLP   |  September 1, 2020   |  

Are you having problems with workers’ comp?

If you’re like most people who are hurt on the job, you have a lot of questions about whether you need an attorney to help you navigate the process of filing for workers’ compensation benefits. You probably have a good relationship with your employer and don’t want to do anything to make waves. Your employer has worker’s comp insurance, and at first the adjuster seems pretty reasonable to deal with.

But then you start to see some red flags.

Problems with Workers Comp Claims - Riddle & Brantley Work Injury LawyersUnfortunately, workers’ compensation insurance companies and employers often go to extreme lengths to avoid paying on your workplace injury claim. There are many “tricks” that workers’ comp insurance companies will use to deny claims, or reduce or delay payments.

As experienced North Carolina work injury lawyers, we know how to hold workers’ compensation insurance companies and employers accountable. We’ve been doing this for more than 30 years and would love to help you if we can.

In more than three decades serving injured North Carolina workers, here are the top 5 problems with workers’ comp claims and insurance company “tricks” we see clients encounter when seeking workers’ compensation benefits for a workplace injury:

Top 5 Problems with Workers’ Comp Claims / Insurance Company “Tricks”

“Lost in the Mail” / Delayed Workers’ Compensation Benefits

When you were first hurt, your checks came every Friday. That was your payday at work, and your worker’s comp checks start arriving the same way. Then they start coming on Saturday. Then Monday. Then they actually miss a week. Then another. You can’t get anyone on the phone, until you find out your file has been assigned to a new adjuster. They tell you they will get it fixed, but nothing happens. Then the file gets assigned to a new adjuster… again. The newest adjuster says the checks were getting lost in the mail. You finally realize they have no interest in paying you the benefits you are entitled to.

Wrong Calculations / Payment Errors

Problems with Workers Compensation - North Carolina Workers Comp Attorneys - Riddle & BrantleyThe workers’ comp insurance company tells you that they are going to contact your employer and calculate how much you are entitled to receive each week, and that you will probably end up receiving the same amount you were taking home after taxes each week. But you receive your first check and it’s lower than you expected. Maybe a lot lower. You ask them how they calculated your wage rate and they give you a complicated answer. You suspect that they didn’t calculate all the times you received overtime, or your holiday bonus, but you can’t really get a straight answer.

Then they tell you that they actually think they are paying you too much, and that they are going to lower your weekly checks, and that you might even owe them money back. They say they forgot to factor in that you took a vacation a couple months before the injury. You explain to them that they are actually underpaying you, and that you got a promotion and raise a few months before the injury. They stop returning your calls.

Mileage Reimbursement (or Lack Thereof)

You talk to one of your friends who is also receiving workers’ compensation and find out he gets paid for mileage when he drives to the doctor, and even when he drives to the pharmacy. You’re driving a long way to the doctor, or to physical therapy, because they wouldn’t approve you to go to the doctor you wanted, who was actually closer to your home. You ask about mileage and they tell you that you should have asked sooner and that you are too late.

Approved for Work Despite the Evidence

You go to see your doctor and he seems very friendly, and treats you like he knows you are hurt and he knows how to help you. He says he will keep you out of work until you are ready. But then you leave and get a call from the adjuster or your nurse case manager and they say you have been approved for “light duty.” But he or she doesn’t specify what that means. They just say you have to come back to work immediately.

Doctor’s Orders Ignored by the Insurance Company

At your appointment, your doctor says that he is going to send you to physical therapy and for an MRI. But the adjuster says you can do therapy at home, and that you don’t need an MRI yet. They say they have an in-house doctor who reviewed your plan of care and decided to modify it. But they don’t tell you who this doctor is.

Are you having problems with workers’ comp? 

If you’ve filed a work injury claim and are having trouble getting the benefits you need and deserve, or you’ve already started receiving benefits but have encountered problems with workers’ comp, our North Carolina work injury lawyers can help.

Work Injury Lawyer - Riddle & Brantley in North CarolinaYou deserve justice and compensation for workplace injuries — not insurance company “tricks.”

For a FREE consultation with a work injury lawyer serving clients across North Carolina, please call 1-800-525-7111 or complete the short form below.

There is no obligation and you won’t pay any attorney fees unless we are successful and get you the benefits you are entitled to.

Our work injury team is led by attorneys Chris Brantley and Adam Smith, both of whom are Board-Certified Specialists in Workers’ Compensation and have been recognized by the NC State Bar for their experience and expertise in this practice area.

Please call 1-800-525-7111 and let’s review your claim.

“I would recommend them to anyone. They fought hard for me.”

Christine W., Riddle & Brantley client

In more than three decades serving injured North Carolina workers, we’ve secured many significant settlements and verdicts on our deserving clients’ behalf (see disclaimer below), including:

  • $2,475,000 | Workers’ Compensation & Severe Head Injury — Our client suffered a disabling head injury in a fall from a platform while on the job. We fought for justice on his behalf, negotiating a significant $2.475 million settlement with the workers’ comp carrier. We also set up two trusts and a guardianship in order to ensure his long-term care.
  • $1,800,000 | Workers’ Comp & Truck Accident — A truck driver suffered serious injuries, including the eventual loss of his leg below the knee, when he was hit by another truck while on the job. Attorney Gene Riddle negotiated settlements with both the workers’ compensation carrier and the truck insurance company, totaling $1.8 million in compensation for the injured victim.
  • $829,000 | Workers’ Compensation & Traumatic Brain Injury — Attorney Chris Brantley fought for justice on behalf of a cell company worker who was hit by a falling tree while scouting cell tower locations. He suffered a traumatic brain injury leading to long-term disability. We obtained a comprehensive life care plan from outside experts and were able to negotiate an $829,000 settlement with the workers’ comp carrier.

*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.

“I would recommend Riddle & Brantley to anyone who needs help with … workers’ comp.”

B. Fields, Riddle & Brantley client

If you’re having problems with workers’ comp, please call 1-800-525-7111 today for a FREE, no-obligation consultation with a workers’ comp attorney. We will review your case, advise you on your best legal options and, if you decide to hire us, fight tirelessly on your behalf for the benefits you deserve.

We serve clients throughout the state of North Carolina, including those in Raleigh, Durham, Fayetteville, Charlotte, Greensboro, Winston-Salem, Goldsboro, Greenville, Jacksonville and Wilmington, just to name a few.

The consultation is free and there is no obligation. You won’t pay any upfront costs or attorney fees unless we win your case and you receive workers’ comp benefits.

Free consultations are available by phone, email, text and even video conference. There is no in-person meeting required. Bilingual translators are on staff and available for the convenience of our Spanish-speaking clients, as well.

Don’t gamble with the benefits you deserve. If you’re having problems with workers’ comp benefits, we would love to help however we can. You don’t have to do this alone.

Justice Counts for North Carolinians injured on the job. We are ready to help however we can.

Please call 1-800-525-7111 today for a FREE consultation with a North Carolina work injury lawyer.