What to Do if Your Workers’ Comp Claim Has Been Denied in Charlotte, NC?

If you are hurt while working in manufacturing, retail, healthcare, or any of the other thriving industries of the Charlotte area, you probably know that you can file a workers’ compensation claim to seek benefits that can help with your recovery. But do you know what to do if your workers’ comp claim has been denied in Charlotte, NC? An experienced attorney can help you resolve this situation and secure the benefits you deserve.

What to Do if Your Workers’ Comp Claim Has Been Denied in Charlotte, NC

The Bureau of Labor Statistics reported that in 2023, there were about 68,600 nonfatal workplace injuries in the private sector of North Carolina, and more than 41,000 of these injuries were considered severe. Almost every private employer in the state is required to have workers’ compensation insurance, and this insurance applies to most regular workers who are injured on the job, whether it’s a factory worker injury, a truck driver work injury, or even a construction accident.

Most private companies in Charlotte, from large corporations like Nucor, Nike, and Honeywell to smaller family businesses, are required to have workers’ compensation insurance. This coverage supports employees after incidents such as a scaffolding work injury, a knee injury, or a burn injury, while also protecting employers from liability lawsuits.

If you are hurt at work, you must notify your supervisor, seek medical care, and hire a workers’ comp lawyer at your first opportunity. Even if the claim process seems straightforward at first, it’s possible to encounter all types of complications with your case that you will not be able to resolve on your own. For example, denied workers’ compensation benefits are a common challenge many injured workers face, even after serious conditions like a shoulder injury, spinal cord injury, or work injuries requiring surgery.

Your workers’ compensation lawyer can help you understand the Charlotte workers’ comp laws that apply to your case and guide you through the claim process. They will be ready to address any issues you encounter with your employer and verify that their insurance carrier handles the claim in good faith. However, it is still possible for your claim to be denied for various reasons, including complex situations involving third party claims or injuries that occur while driving a company car work injury case.

The first thing to do if your claim has been denied in Charlotte is to request a written explanation for the denial. The insurance company should provide a clear and concise explanation as to why your claim has been denied and attach any supporting documentation and evidence. Your attorney can review their explanation and determine the next steps you should take, especially if your situation involves unique circumstances such as an aviation worker injury, a mechanic injury, or even a first responder injury like a firefighter injury or an emergency medical technician injury.

You can then file an appeal with the North Carolina Industrial Commission (NCIC). The NCIC usually requires parties involved in these cases to attempt mediation before any kind of hearing is scheduled. If you reach the hearing stage, your attorney can present your arguments and evidence to the NCIC and hope they rule in your favor. In cases of tragic loss, families may also pursue death benefits through workers’ compensation.

At the hearing, the NCIC will want to hear from you, your employer, and the insurance carrier, and review all available evidence and arguments. The hearing may determine that the denial was unjust, and the NCIC will provide instructions for how to proceed. If the hearing is unsuccessful, it’s possible that you may need to take the case higher to the North Carolina Court of Appeals and then the North Carolina Supreme Court.

Ultimately, a denial for workers’ compensation benefits in North Carolina can be incredibly frustrating, and while some denials are legitimate, it is also possible that various factors have led to the wrong decision for your workers’ compensation claim. It’s vital to hire a workers’ comp lawyer before filing your claim to hopefully avoid such situations, but an attorney can be especially valuable if your workers’ compensation claim is denied.

FAQs

The Sumwalt Group Workers’ Comp and Trial Lawyers have more than 50 combined years of experience handling all types of workers’ compensation disputes for clients in Charlotte and the surrounding communities of North Carolina. We know how frustrating it is to have your claim denied when you need benefits to recover from an injury. If you are unsure what to do if your workers’ comp claim has been denied in Charlotte, contact us today and set up a free consultation with our team.