It can be confusing if you find your NC workers’ comp claim denied. But don’t give up. This does not mean you do not have a workers’ comp case in NC. But you need to take quick action to protect your rights under the North Carolina Workers’ Compensation Act.
Insurance adjusters and employers will sometimes deny workers’ compensation claims because they are not confident that the injuries should be covered under NC workers’ comp law. Workers’ comp claims in NC can be denied because the employer believes the injured employee did not suffer an injury by accident, because the injury was not reported promptly, or because the employer does not believe the employee was injured at all.
If you find your NC workers’ comp claim denied you should file your claim with the North Carolina Industrial Commission, and also give your employer official notice of the claim. You should also File a Form 33 Request for hearing with the Industrial Commission. In most cases you have two years from your injury to file your claim with the North Carolina Industrial Commission. Occupational disease cases have different time limitations.
The North Carolina Industrial Commission is a government agency located in Raleigh. The Industrial Commission will determine if you have a workers’ compensation case in North Carolina. It will also determine what medical and wage replacement benefits must be paid.
If your claim is denied you should promptly consult a Board Certified North Carolina Workers’ Compensation Attorney. Your lawyer will evaluate whether you have a NC workers’ comp case, file the claim with the Industrial Commission, and prepare your case for trial. If you want to try to settle your NC workers’ comp case your lawyer will help with that as well.
If you NC workers’ compensation claim is denied please email or call for your free consultation with Raleigh area NC workers’ compensation lawyer Kevin Bunn. Kevin is a Board Certified Expert in NC Workers’ Comp Law.