Facts and Myths about Workers’ Compensation!

  • Workers’ Compensation law was initiated by Chancellor Otto von Bismarck in the year 1884. – Fact
  • The first statewide Workers’ Compensation law was passed In Maryland in the year 1902. – Fact
  • Workers’ Compensation is a “no-fault” system, so cases can be compensable even if the Employee-Plaintiff is at fault. – Fact
  • The rules and laws regarding Workers’ Compensation cases vary state by state. For instance, North Carolina and South Carolina Workers’ Compensation cases are handled very differently.  This is why it is important to have a Workers’ Compensation Specialist like Maggie Shankle at Shankle Law Firm, to ensure you are well educated on your rights regarding your claim for your particular state involved. – Fact
  • My employer will file all necessary documents to initiate my claim. – Myth. Though your employer is technically “required” to file a Form 19 to report your work injury to the Industrial Commission, often we see that Employers are not filing this document and not reporting the claims. Additionally, you as an injured Employee are responsible for properly reporting your injury and filing a Form 18 for your protection or having your Attorney file this document for you.
  • I will receive payment for pain and suffering in my Workers’ Compensation claim. – Myth. North Carolina does NOT pay compensation for pain and suffering in Workers’ Compensation claims.
  • Since the accident was my fault, I cannot pursue a Workers’ Compensation claim. – Myth. The accident can be your fault and you may still be able to pursue a Workers’ Compensation claim for entitlement to benefits.
  • There is an adjuster handling my claim, so I do not need an attorney. – Myth. The insurance adjuster works for your Employer. You need someone on your side who is working for you and educating you about your rights along the way. Just because things “appear” to be going smoothly in your case, does not mean that you are receiving everything that you are entitled to. Things are not always as they appear!

If your Workers’ Compensation claim is denied, you may still have a valid case with potential legal remedies. Shankle Law Firm obtains settlements for clients with denied cases routinely!