DENIED WORKERS' COMP CLAIM
Do you have a Workers' Comp claim that has been denied? Is the denial valid? Lets talk about it.
A denial may be as simple as an error or mistake on the original claim. The insurance company may just not want to pay your claim! Some of the most common reasons for a denial are:
- No witnesses to the injury
- The injury was not timely reported
- Inconsistencies in medical records
- The employers claim that the injury did not occur at work or was not in the course and scope of work
Call us right away to help avoid a denial.
If your case is currently denied we still may be able to help by appealing the denial. Workers' Comp denials in North Carolina are referred to mediation, where a neutral third party will try to help reach a settlement. If the parties still can't agree, a date for a formal hearing will be set.
At formal hearings, the injured party is required to present evidence demonstrating that the denial was incorrect, after which a deputy commissioner issues a written order. If a claim is again denied an appeal can be made to the full commission and if necessary to the North Carolina Court of Appeals and the North Carolina Supreme Court.
The full commission may choose to make a decision based on written briefs submitted or to schedule oral arguments. Further denials can only be appealed to the North Carolina Court of Appeals and the North Carolina Supreme Court.
Call Tatum & Atkinson, PLLC - The Heavy Hitters Today! Call 1-800-LAW-0804.