What Not to Say to Your Workers’ Comp Doctor in North Carolina? 2024

Whenever you suffer a workplace accident and subsequent injury, part of the process required to receive workers’ comp benefits is to get checked out by a reputable doctor chosen either by your employer or by your employer’s insurance, depending on your employer’s policy. It is important to remember that this doctor may be able to impact your case negatively, depending on what you say to them. Here’s what not to say to your workers’ comp doctor in North Carolina.

Things You Should Not Say to Your Workers’ Comp Doctor in North Carolina

When you go see the doctor chosen by your employer or their insurance company, it is important to keep in mind that this doctor may not be there primarily for you. They may have an additional agenda, which could be to assist in denying your workers’ comp claim by finding reasons for a possible denial. With that in mind, it is important to watch what you say to that doctor. Here are some important things to avoid mentioning to your authorized physician:

• Don’t Exaggerate: You and your workers’ comp lawyer may be intending to maximize your potential compensation, which is an acceptable strategy. However, you should not exaggerate your wounds and injuries to your doctor. Workers’ comp doctors see injuries similar to yours all the time. They may know when you are exaggerating and may be able to see through any dishonesty.If the doctor catches you being dishonest, it could end up being acceptable grounds for a claim denial under the North Carolina Workers’ Compensation Act. The last thing you want is for your claim to be denied because you exaggerated your injuries. Be as honest as you possibly can to avoid any misunderstandings.
• Be Respectful: While you are being looked over by the doctor, try not to speak ill of your employer. Following a workplace accident, you may be looking to vent about your place of employment and your dealings with management, especially if your employer’s negligence is what brought you there. Keep it to yourself. Complaints may indicate to the doctor that you may have an agenda against your employer.
• Don’t Admit Fault: While workers’ comp in North Carolina is not based on fault, it is still a good practice to never admit fault for a workplace accident. Try your hardest to stick to the pertinent details of the accident, such as your injuries and how they happened. Don’t accept fault for it, but also don’t blame anyone else for it. Blaming someone can look like an attempt to dodge accountability.If it turns out fault is an important part of the insurance provider’s investigation, then your doctor reporting this interaction can impact your case in a negative way.
• Past Injuries: Pre-existing conditions or any past injuries you may have sustained can have a significant impact on your claim. You may feel the need to leave them out of your examination, but there is a good chance that a thorough doctor will find out about it. If they hear about those injuries from you, it shows good faith. Any avoidance of such things may look suspicious and could impact your case.

FAQs

Q: What Should I Not Say to a Workers’ Comp Adjuster?

A: The most effective way to know what not to say to a workers’ comp adjuster is to consult with an experienced workers’ comp lawyer first so they can walk you through what the conversation could look like. When the employer’s insurance company calls you, you should stick to the facts, be respectful, leave nothing out, and be honest. You shouldn’t dodge the topic, answer personal questions, accept fault, or sign any documents without your lawyer present.

Q: What Should I Not Say During an IME Exam?

A: During an independent medical exam (IME), it is important that you protect your own interests and your claim. Show up on time, be respectful, be honest, and follow the treatment plan that is prescribed to you. You should not argue with the doctor, lie about your injuries, exaggerate your injuries, and try not to discuss anything outside of your accident. Ranting about your job or your insurance could impact your claim.

Q: Can You Be Fired From Your Job for a Workers’ Comp Claim in North Carolina?

A: No, you cannot be fired from your job for a workers’ comp claim in North Carolina. North Carolina employment law prohibits employers from firing employees for making a workers’ comp claim. Employees are protected from employer retaliation under the Retaliatory Employment Discrimination Act (REDA). If you believe you were fired because you attempted to get workers’ comp, reach out to a workers’ comp attorney to see if you have a case.

Q: Can I Choose My Own Doctor?

A: Regrettably, no, in most cases you cannot choose your own doctor. North Carolina state law allows employers to choose the doctor that their employees go to see when they are pursuing workers’ comp. Some employers may even have a doctor on-site that could check your injuries. Some employers will provide you with the name and office of a “designated health care official,” and others may just leave this decision up to their insurance company.

Q: In What Situations Can I Choose My Own Doctor?

A: There are multiple situations in which you may be able to choose your own doctor in a workers’ comp claim. These can include:

• Your employer does not have a designated healthcare official for you to see.
• Your employer never gave you proper instructions on which doctor to see.
• Your employer ignores your injury report.
• You are able to receive permission from the North Carolina Industrial Commission to get a second opinion,

Reach Out to a Workers’ Comp Lawyer Today

Dealing with a workers’ comp claim following a workplace injury may be a stressful situation made worse by a doctor appointed by your employer who may have an agenda. It’s important to relay your fears and anxieties to an experienced workers’ comp lawyer who can help provide you with assurances about your case. At Bridgman Gantt Law Offices, we can help you with your workers’ comp case and provide you with quality legal counsel throughout this experience. Contact us to schedule a consultation.