North Carolina Workers' Compensation Lawyer

Was Your Workers' Compensation Claim Denied?

If your employer or insurance carrier denied your workers' compensation claim, they must file a Form 61, also known as a Denial of Workers' Compensation Claim, within 14 days of its notification of your claim.  Your employer or insurance company must provide a detailed statement as to why they chose to deny your claim. If you disagree with their decision, you have the right to appeal their decision by requesting a hearing with the North Carolina Industrial Commission.  This hearing is requested by completing a Form 33, also called a Request for Hearing.   After you have filed this form, it may take as long as nine months or longer for a hearing to be scheduled with a Deputy Commissioner.  But before the hearing, you will likely be required to participate in some type of mediation or settlement conference to try and resolve your dispute with the other party.  If your claim cannot be settled at mediation, your hearing will still take place when scheduled. 

How Long Will It Take for the Deputy Commission to Make a Final Decision?

If your case does not settle at mediation, the Deputy Commissioner usually allots a period of 60 days for you and the other party to take doctors' depositions.  After this 60-day period, the Deputy Commissioner will then review your files before announcing his decision.  It can take a commissioner anywhere from six to 18 months to make a final decision.

What If the Commissioner Denies My Claim?

If the commissioner denies your claim, you can still seek an appeal with the full commission.  If the full commission denies your appeal, you can seek another appeal with the North Carolina Court of Appeals. 

Get Help From a Skilled NC Workers' Compensation Attorney

While these options are available to you, it is always best to work with an experienced North Carolina workers' compensation lawyer from the earliest stages of your case.  The claims process can be complicated, confusing, and drawn out, in some cases taking years to settle.  Whether you are just beginning the claims process or your claim has already been denied, you can trust a skilled North Carolina workers' compensation attorney at Lanier Law Group to completely guide you through the process to help your chances of resolving your claim successfully!

If you are interested in scheduling a free consultation to discuss your claim, please contact Lanier Law Group today! We can address any obstacles you may be encountering and take prompt legal action to help you obtain the benefits you may be entitled to.