What if My Claim Was Denied?

Unfortunately, legitimate workers’ compensation claims are often denied, leaving injured workers unsure where they should turn. Insurance companies may cite a number of reasons for denying workers’ compensation benefits. These include:

• Failure to file a claim within the statutory time limit (2 years in North Carolina)
• Paperwork incomplete or incorrect
• Insufficient records, witness testimony, and other evidence
• Delay in seeking medical treatment or reporting the injury to the employer
• Insufficient evidence that the injury is work-related
• The injury constitutes a pre-existing condition
• Misconduct on the employee’s part led to the injury (e.g., being drunk on the job
  

You have rights if your workers’ comp benefits are wrongfully denied. A Raleigh workers’ compensation lawyer can help you appeal the adverse decision and request a hearing before the North Carolina Industrial Commission.

Before you attend the Industrial Commission hearing, you will need to participate in a mediation conference. During mediation, a neutral third party (the mediator) will attempt to facilitate a resolution of the workers’ compensation dispute between you and your attorney on one side and your employer and the insurance company on the other.

Mediation is an effort to resolve the workers’ comp dispute without further legal proceedings. If an agreement cannot be reached, a knowledgeable workers’ compensation lawyer can present your case before the NC Industrial Commission.