Can a North Carolina Workers Compensation Lawyer Help Me if My Workers Comp Claim Was Denied?

Jul 27, 2018

Can a North Carolina Workers Compensation Lawyer Help Me if My Workers Comp Claim Was Denied?

Workers compensation coverage is mandatory across all businesses in North Carolina through the North Carolina Workers’ Compensation Act. However, some employers may be too quick to decline an employee’s workers comp claim due to varied reasons. For instance, a business in Charlotte, NC may deny your claim on the basis of your injuries not being work-related. Or, an employer may accuse you for having perpetrated the accident on your own. Some employers may also insist on your having missed the deadline for the workers comp claim filing. Regardless of these reasons, the help of a North Carolina workers compensation lawyer will be crucial.

A North Carolina workers compensation lawyer can help you in appealing your declined claim to the higher commissions. Since the appeals process can be complicated, you need an attorney who can help you from filing to formal hearing.

Important Workers Comp Claim Laws in Charlotte, NC

North Carolina follows some strict laws on workers compensation mainly through the North Carolina Workers’ Compensation Act. This act mandates all businesses to carry workers compensation insurance for all qualified employees. This type of insurance provides ample coverage for workers and employees in case they sustain injuries at the workplace. Even a company in Charlotte, NC that employs only three workers will have to subscribe to this law.

The failure to follow the mandate of this Act can result in harsh penalties. An erring employer may face misdemeanor or felony charges depending on the nature of the violation.

How Can a North Carolina Workers Compensation Lawyer Help with a Denied Claim in Charlotte, NC?

After a workers comp claim denial, there are many ways for which a North Carolina workers compensation lawyer can help.

  1. First Appeal

You may appeal your denied workers comp claim to the NCIC or the North Carolina Industrial Commission. The appeal requires the inclusion of detailed information regarding the injury and its unique circumstances. To prevent mistakes that can possibly jeopardize the appeal, you can seek the assistance of a dedicated workers comp lawyer.

  1. Mediation

Prior to a formal hearing, the NCIC may call for a mediation or negotiation. This mediation, designed to reach a workers comp claim settlement, will be between you and your employer. A North Carolina workers compensation lawyer can help you reach a fair settlement or advise you to proceed to court.

  1. Court Hearing

If there has been no agreement reached during mediation, a formal hearing may take place. At this point, you will need the essential courtroom skills of a good lawyer. The hearing may require for you to exhibit your medical records. Additionally, the court may call in eyewitnesses to corroborate with your statements. To further strengthen your case, you may also need to present the expert opinion of a medical professional.

  1. Appeal at the Full Commission

Your lawyer can help you seek the approval of the full commission if your claims have been denied at court. However, you will only have 25 days to make the filing. You may also request for a 15-day extension under special circumstances. If, unfortunately, the commission still denies your workers comp claim, a lawyer can still help. In this case, you may bring your claim to the North Carolina Court of Appeals.

 

Work with a North Carolina Workers Compensation Lawyer at Ted A. Greve & Associates Today

As an employee, you have the right to full workers compensation in Charlotte, NC. If your employer has denied your workers’ comp claim, all is not yet lost. A first and second appeal can possibly work in your favor this time.

The help of a North Carolina workers compensation lawyer becomes all the more important at this point.

If your employer’s workers compensation insurer has denied your claim, talk to us. A North Carolina workers compensation lawyer at Ted A. Greve & Associates can help.