Health Care

Can Insurance Companies Stop Workers’ Compensation Checks in N.C.?

Insurance Company

Can Insurance Companies Stop Workers’ Compensation Checks in N.C.?

When an injured worker has not been able to return to work following the work injury, the North Carolina Workers’ Compensation Act allows for Insurance Companies to stop an injured worker’s disability compensation checks on their own in some instances, whereas in other instances, the Insurance Company cannot stop these checks without an Order from the North Carolina Industrial Commission. All forms filed by the Insurance Company and when the injured worker provided notice of the injury to the employer impact the Insurance Company’s ability to stop Workers’ Compensation checks on their own versus having to obtain an Order from the North Carolina Industrial Commission before doing so.

The North Carolina Board Certified Workers’ Compensation Attorneys at Cardinal Law Partners have helped clients address these issues in their extensive years of practice.

When Can an Insurance Company Stop an Injured Worker’s Disability Compensation Checks on their Own?

When an injured worker files a claim for Workers’ Compensation benefits, one of the ways that the Insurance Company responds is filing a Form 63, payment of compensation without prejudice. If within 90 days from the date the employer received notice of the injured worker’s injury and the Insurance Company files a Form 61 (denial of claim), the Insurance Company can stop an injured worker’s disability compensation checks on its own with the filing of a Form 61.

When does an Insurance Company Need to Obtain an Order from the North Carolina Industrial Commission to Stop an Injured Worker’s Disability Compensation Checks?

If an Insurance Company files a Form 63 (payment of compensation without prejudice) in response to an injured worker’s claim for benefits, but does not file a Form 61 within 90 days of the date when the employer received notice of the injured worker’s injury, the Insurance Company must obtain an Order from the North Carolina Industrial Commission in order to allow them to stop an injured worker’s disability compensation checks.

Additionally, if an Insurance Company files a Form 60 (admission of employee’s right to compensation), the Insurance Company must obtain an Order from the North Carolina Industrial Commission in order to allow them to stop an injured worker’s disability compensation checks.

How does an Insurance Company Obtain an Order from the North Carolina Industrial Commission to Stop an Injured Worker’s Disability Compensation Checks?

The Insurance Company may file a Form 24 (application to terminate compensation), which will result in an informal hearing before a Special Deputy Commissioner of the North Carolina Industrial Commission. By obtaining an Order from the North Carolina Industrial Commission, to the carrier is allowed to stop an injured worker’s disability compensation checks.

Alternatively, the Insurance Company may file a Form 33 (request that claim be assigned for hearing). This typically results in a formal hearing before a Deputy Commissioner of the North Carolina Industrial Commission to obtain an Order from the North Carolina Industrial Commission. This allows them to stop an injured worker’s disability compensation checks.

If you or a family member has any questions about insurance companies’ rights on Workers’ Compensation checks, contact Cardinal Law Partners today. Our Workers’ Compensation and disability lawyers are experienced in handling all areas of the North Carolina Workers’ Compensation Act and will help you navigate your way through your Workers’ Compensation case in North Carolina and the surrounding areas. Call 833-444-4257 to contact us today!