How to Appeal a Denied Claim in North Carolina

If you are injured in the workplace, obtaining the workers’ compensation to which you are entitled can be very important. These benefits can help you to receive appropriate medical care and to offset the loss of wages due to missed time at work related to your injury. If your workers’ compensation claim has been denied, that does not mean that hope is lost. You are able to appeal the denied claim.

To learn about the workers’ compensation claims appeal process or to make an appointment to discuss the details of your case, contact the Fayetteville workers’ compensation attorneys of Scudder & Hedrick, PLLC. You can call us at 910-488-1600.

The Steps of Appeal

The specific details of each case can vary considerably, but the procedure for seeking an appeal is generally the same, regardless. The following are some of the elements involved in the appeals process:

  • Review Form 61 – the Denial of Workers’ Compensation Claim form, also known as Form 61, should have a detailed reason for why your claim has been denied by the insurer or your employer. If you disagree with the reason given, you have the right to appeal.
  • Request a hearing with the NC Industrial Commission – you can request a hearing by filling out a Form 33, which is also referred to as a Request for Hearing form. After you submit Form 33, you will receive notice of your hearing date. This may take up to 9 months.
  • Prior to a hearing, go through mediation – before your hearing with the Deputy Commissioner, it may be advisable to enter mediation to attempt to settle your claim outside of the hearing. If your claim cannot be settled in the mediation, you will go on to the scheduled hearing.
  • If your appeal is denied at your hearing, contact a lawyer – though you can work with an attorney at any time prior to this, you will have no choice going forward. You can appeal your denied claim again with the full commission of with the NC Court of Appeals, possibly leading to litigation and necessitating an attorney’s assistance.

Contact Us

To learn more about appealing your denied workers’ compensation claim, contact the experienced Fayetteville workers’ compensation attorneys of Scudder & Hedrick, PLLC. We are committed to fighting to get you the workers’ comp benefits that you need to balance your life after a work-related injury. You can contact us by calling 910-488-1600.