Health Care

How To File And Appeal Workers’ Compensation Claims In North Carolina

How To File And Appeal Workers’ Compensation Claims In North Carolina

How To File And Appeal Workers’ Compensation Claims In North Carolina

Cardinal Law Partners January 21, 2020

Workers’ Compensation cases can be tricky. One would think that if you get hurt on the job, and you wind up with doctor bills and lost wages, you should be able to receive compensation. No ifs, ands, or buts about it. But even with existing laws in place, it’s not always easy to win a Workers’ Comp case and get the compensation you’re entitled to.

Injured On the Job?

If you experienced a workplace injury and have missed work, lost wages, acquired medical bills, etc., you may be entitled to Workers’ Compensation. Hopefully, as soon as the injury occurred, you filled out an accident report. If not, it should be done in expedited fashion (within 30 days of the injury). If not, it could weaken your case.

Free consultations are offered by most reputable Workers’ Compensation attorneys.

Has Your Claim Been Denied?

Remember, if you acquire legal representation right away, before filing a Workers’ Compensation case, you stand a better chance of not being denied. That said, however, what can you do if your Workers’ Compensation case has been denied? Employer insurance adjusters, and sometimes employers themselves, can try to dispute a Workers’ Compensation claim. If you’ve received a denial notice, you do have options. But, you’ll need evidence to support your claim, knowledge of the appeals process, perseverance, and a full understanding of all of these.

Why Were You Denied?

Workers’ Compensation cases are denied for any number of reasons including the following:

  • Lack of causation
  • Outside scope of employment
  • Missed deadline
  • Inadequate information
  • Employment status

What to Do after a Denial

First and foremost, if you haven’t already, consult a lawyer. Negotiations can be attempted for a reasonable settlement if a claim has initially been denied. If all parties can’t agree, you have the right to request a hearing which will be held before a government agency known as the North Carolina Industrial Commission. Things you’ll need to show at the hearing:

  • How the workplace injury has affected your ability to work.
  • How the workplace injury has affected your life.
  • How the injury occurred at work.

If this appeal fails, the Industrial Commission is the next step in filing yet another appeal. If that appeal fails, the North Carolina Court of Appeals would be involved in the next appeal process.

That’s a lot of appeals! That’s why, in addition to copious amounts of legal knowledge, success in this type of lawsuit takes perseverance and tenacity. You may feel that you have what it takes but being represented by an attorney who specializes in Workmens’ Comp cases is still your best bet.

Attorneys are familiar with complicated legal proceedings, the collection and presentation of medical evidence, paperwork deadlines, and they appear in front of a judge far more often than you probably have. You may not even be aware of all your employer’s responsibilities and your legal rights when it comes to Workers’ Compensation.

Don’t leave something as important as compensation for medical bills and lost wages to chance. Hire a professional to assist you.

Cardinal Law Partners – Experienced Workers’ Compensation Attorneys

The best overall consideration when filing (or appealing) a Worker’s Comp case is to acquire legal representation. At Cardinal Law Partners, we handle Worker’s Comp cases all the time.  Contact us today to discuss the details of any occupational compensation you may be entitled to.