If I did not immediately seek care for a minor injury that got progressively worse,canI be prevented from filinga workman’s comp claim?

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If I did not immediately seek care for a minor injury that got progressively worse,canI be prevented from filinga workman’s comp claim?

I sustained a minor tweak in my shoulder on a Monday morning which at the time I paid it no mind to as it barely hurt. However as the following 3 days went by it became increasingly worse to the point where I could not move and had to go to the urgent care 2 times and get treated. I called my supervisor on Wednesday and she stated that since I did not file an incident report and see a ER doctor I was basically screwed. Is this accurate?

Asked on March 31, 2011 under Employment Labor Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should still be able to file your workers' comp  claim.  Some types of injuries don't manifest themselves immediately.  It would be advisable to obtain your medical report and medical bills from Urgent Care to document your injury and provide evidence of your workers' comp claim.  The medical report, chart notes, etc. will document the nature and extent of your injury.


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