A workers’ compensation claim denial can seem devastating, but your case is not by any means over at that point. Do not give up or lose hope. Claim denials are common for a variety of reasons, and our lawyers have helped many people navigate the hearings-and-appeals process and obtain the benefits they needed and deserved.
The first essential step after a denial of your valid work injury claim is the filing of Form 33 — a Request That Claim Be Assigned for Hearing — with the North Carolina Industrial Commission. This form requires a clear statement of the reason you and the work comp insurer have been unable to agree, a list of doctors and any other witnesses you believe should testify on your behalf, and certain other information.
In most cases, the Industrial Commission requires a mediated settlement conference, and we may be able to resolve your work comp dispute favorably in mediation. If not, we will proceed with preparation for your hearing.
The Industrial Commission has very specific rules and procedures in place for workers’ compensation hearings — which are presided over and judged by officials called deputy commissioners — and we can prepare the form and your overall case in a manner that gives you the greatest likelihood of success. This includes properly preparing evidence, preparing you to give testimony on your own behalf and appearing at the hearing with you.
At The Law Offices of John M. McCabe, P.A., we take work injury and occupational disease cases we believe in and always stand ready to go the distance for our clients. If you are not awarded benefits in the hearing on your case, a Raleigh-Durham workers’ comp claim appeal lawyer at our firm can request a review by the full commission and pursue your appeal in the court system.
Whatever the reason an insurer or your employer has given for denying you benefits — or if you are preparing your initial workers’ compensation claim and need sound legal guidance — please contact our firm. Working with an experienced lawyer may be the key to getting the benefits you need and moving forward with greater stability and security.