Charlotte Denied Workers’ Comp Claim Lawyer

Denied Workers’ Comp Claim Attorney in Charlotte, NC

It should be straightforward for employees to recover financially after a workplace injury, but it rarely is. If your claim is denied, you may feel very frustrated and unsure of what options you have. There are ways to appeal the denial of your claim and get a hearing with the North Carolina Industrial Commission (NCIC). This process is much easier and more likely to succeed with the guidance of a Charlotte denied workers’ comp claim lawyer.

The Sumwalt Group Workers’ Comp and Trial Lawyers: Your Charlotte Denied Workers’ Comp Claim Attorneys

You need an experienced team to advocate for your interests when appealing a decision to the NCIC after a denied claim. At The Sumwalt Group Workers’ Comp and Trial Lawyers, our attorneys have over 45 collective years of legal experience. We work hard for the fair compensation that workers need to financially and personally recover. We understand how important benefits are to help you recover from an injury, along with how difficult a disputed or denied claim is.

Workers’ comp laws can be frustrating, but our team can minimize your stress by answering your questions and managing your claim. For the past 20 years, our firm has stood up for worker rights. Our attorneys have collectively represented hundreds of workers’ compensation cases, hearings, and jury trials. We can help you protect your rights and appeal disputes to your workers’ compensation claim.

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Why Would My Workers’ Compensation Claim Be Denied in Charlotte?

It can be incredibly frustrating when your workers’ compensation claim is denied in Charlotte after an accident, illness, or other injury prevents you from working. There are many reasons why an employer or their workers’ compensation insurance company might deny a claim, which should be clearly stated in the denial you receive. Some of the common reasons for denial include:

Missed Reporting Deadline

You have to report your injury to your employer as soon as possible after an accident. You must also provide a written report within 30 days about the incident. If you do not report the injury, this could be grounds to deny the claim. If you suffered a repetitive motion injury over time or developed an illness, you should report this as soon as possible.

Missed Claim Deadline

There is also a deadline to file a workers’ compensation claim, which is within two years in North Carolina. Missing this deadline will also bar you from recovering compensation.

Waiting to Get Medical Treatment

After an accident or awareness of an illness, it is important that you seek prompt medical treatment. If you wait to get medical care, this can worsen your health and well-being, and it also makes it harder to clearly connect the injury or illness to your work.

Errors in Securing Medical Treatment

It’s crucial that you get treatment from an approved medical provider. This may be a healthcare office at the worksite or from a pre-approved medical provider through your workers’ insurance. If you don’t, this can make it much harder to get the benefits you are owed in a claim.

Some employers do not have these requirements, and you can get treatment from your provider or a nearby hospital, such as Atrium Health Carolinas Medical Center, that serves your specific needs. Additionally, these requirements do not apply to emergency medical care. If you are able, be sure to tell a provider that you are getting care for an injury or illness related to your work.

Employee Requirements

Workers’ compensation insurance exists to provide benefits to employees. If an employer claims that you are an independent contractor, volunteer, or gig worker, this can prevent you from recovering workers’ compensation. An attorney can assess your options, depending on whether you were or were not an employee.

There may be other reasons, such as an employer claiming that your injury is from your new job or that the injury did not happen in the workplace. An employer may even assert that you intentionally caused your injury or acted recklessly, which led to your injury.

What Are Your Options for a Denied Workers’ Compensation Claim in NC?

If your workers’ compensation claim is denied, this isn’t necessarily the end of your case. Your employer or their insurance provider does not have the final say on your claim; the NCIC does. You can appeal the denial by filing a request for a hearing with the NCIC. You can also appeal your case if the insurance company or your employer offers a settlement that does not cover the damages you are entitled to under the law.

Some important steps before and during a denied workers’ comp claim case include:

• Assessing the reason for the denial given in the letter and creating a strategy for your appeal based on that reason
• Gathering information and evidence to support your case and show why the reason for the denial isn’t applicable
• Filing the appropriate form with the NCIC to request a hearing, outlining your injury, the benefits you are asking for, the reasons given for the denial, and other information
• Attending mediation to seek a settlement agreement
• Attending an NCIC hearing, where both sides present evidence

If the hearing results in a resolution you disagree with, there are additional levels of appeal through the NCIC.

You should get legal representation during this process, especially to represent you in mediation or a hearing. A Charlotte denied workers’ comp claim attorney can help in numerous ways, from noting important deadlines to presenting the essential information properly at a hearing. They assess what benefits you are entitled to and determine the right way to combat an employer’s denial.

At The Sumwalt Group Workers’ Comp and Trial Lawyers, we prepare cases to go to trial. This preparation helps create a stronger case, even if it is resolved in a settlement. Our willingness to take a case to court also makes negotiations go more smoothly. If we believe that a settlement is not in your interest, we can take your case to the NCIC hearing and work for you in court.

FAQs

Can Carpal Tunnel Be Covered Under Workers’ Compensation?

Yes, carpal tunnel could be covered under workers’ compensation benefits, depending on the circumstances of your injury. If your carpal tunnel developed or worsened because of your job duties, then you can likely recover medical bills and a portion of your wages in a workers’ comp claim. Your claim also depends on other factors, such as whether your employer is required to carry workers’ comp insurance and the deadline that you have to file by.

Are Workers’ Comp Claims Usually Denied in North Carolina?

Workers’ comp claims can be denied for several reasons in North Carolina, but each case is unique. Generally, employees should have straightforward cases, where they prove their injury or illness and its connection to their work. However, issues such as missing filing deadlines or failing to inform an employer of the claim can lead to denials. It is possible to appeal a denial and still secure workers’ compensation.

When Should a North Carolina Worker Expect to Be Denied Compensation?

As a North Carolina worker, you might expect a workers’ comp claim to be denied if:

• You did not report the injury you suffered to your employer.
• The injury was not connected to your work.
• You do not provide the required documentation when you file a claim.

You can also expect a claim to be denied if you are not an employee but an independent contractor or even a volunteer.

Why Do You Need to Hire a Denied Workers’ Comp Claim Lawyer in North Carolina?

You need to hire a denied workers’ comp claim lawyer in North Carolina to navigate the workers’ compensation insurance system and get the benefits you deserve. With an attorney, it is easier to assess your case to determine if you can appeal. An attorney can file the appeal and get a review of your workers’ compensation case. They can also represent you at the hearing and advocate for your interests, improving your chances of a successful outcome.

Navigating Your Denied Workers’ Compensation Claim in NC

There are strict deadlines when filing your appeals case, so it’s important to act quickly after receiving a denial from your employer or workers’ compensation insurance company. Getting skilled legal representation is crucial in workers’ compensation cases. If you have already tried to manage your case alone and were denied by your employer, you have options. Legal guidance is essential when navigating these options.

The sooner you reach out to The Sumwalt Group Workers’ Comp and Trial Lawyers, the sooner we can begin building a strong case for your workers’ compensation claim or an appeal. Get in touch with our firm today, and learn what we can do to protect your employee rights.