Charlotte Injury Lawyers Blog
What Can I Do if My Workers’ Compensation Claim Was Denied?
If you were hurt while on the job, you may be eligible to receive money through a workers’ comp claim. Workers’ compensation is a program that requires participation from most North Carolina businesses. Submitting a claim is only the first step in the process. Not all claims that are submitted are approved. You may wonder what to do if you find out that your workers’ comp claim was denied. An experienced North Carolina workers’ comp attorney will help determine your options and assist you in taking the next steps.
Can I Appeal the Decision?
When you find out your workers’ comp claim was denied, you are likely feeling angry and vulnerable. You are not getting paid for your time off work, and you may be facing high medical bills. There is a process in place that allows you to appeal the decision. You may file an appeal if you feel the decision was not correct. When you submit a workers’ comp claim, the insurance company must provide a decision within two weeks. If your claim was denied, the first step is to find out the reason for the denial.
Why Did the Insurance Company Deny My Workers’ Comp Claim?
There are a variety of reasons why a particular workers’ compensation claim was denied by the insurance company. Some of the most common reasons for denial include:
- Employer disputes the claim
- Claim not submitted in a timely manner
- Injuries are not eligible for compensation
- Employee does not qualify for workers’ compensation
When you receive a denial letter, you will be provided with a reason for the denial. The employer may have disputed the claim. This may occur when you fail to follow proper company procedures for reporting a work accident. You must submit a claim within 30 days of the occurrence of the injury. An injury may be ineligible if it did not happen at work. An employer may have improperly classified your job, which may cause the claim to be rejected.
How to Appeal a Workers’ Comp Claim Denial
If your workers’ comp claim was denied, you may be able to appeal the decision. You may follow various levels of appeal. The first appeal is to request a formal hearing with the North Carolina Industrial Commission (NCIC). The first appeal is generally heard by the Deputy Commissioner. Another appeal may be held in front of the full commission. If your claim is still denied, a further appeal may be necessary. You may take the matter to the North Carolina Court of Appeals and finally to the North Carolina Supreme Court.
You can submit a request for an appeal hearing through the NCIC or through your employer or the insurance company that denied the claim. You will need to prepare for the hearing by gathering important documentation to substantiate your claim based on the reason for denial. Although you are not required to have an attorney to appeal a workers’ comp claim, it can be extremely helpful. Your lawyer will guide you through the process and assist you in proving your claim. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the matter.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncdoi.gov/consumers/business-insurance/workers-compensation
Image Credit:
https://www.freeimages.com/photo/men-on-roof-1497990
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts:
Can You Seek Workers’ Compensation for a Work-From-Home Injury in North Carolina?