Filing for a workers’ compensation claim can save people’s livelihoods. Suppose you have a work-related injury or occupational disease. Then, you can escape the financial consequences of your wounds or illness. This is all thanks to North Carolina’s workers’ compensation system. Charlotte workers’ comp attorneys use this system to get injured employees comp benefits.
Unfortunately, though, an injured employee may face a rejected compensation claim. When this happens, the employee ought to know whether they have the right of appeal. This is where an experienced attorney comes in. A good lawyer knows if you can appeal a claim and whether you can win. So, it’s always best to hire Charlotte workers’ compensation attorneys after a job accident.
Can I Appeal My Denied Charlotte Workers’ Comp Claim?
Yes, you can appeal a denied Charlotte workers’ compensation claim. This is because every American has the right of appeal in judicial and quasi-judicial proceedings. However, a successful appeal requires extensive knowledge of the law. In addition, the appellant needs experience on how the appellate system works.
This means that a worker with a denied compensation claim requires the services of an attorney. Indeed, you can ordinarily pursue a compensation claim without a lawyer. However, once you’re appealing a comp claim, it’ll be best to hire an experienced workers’ compensation attorney.
Appealing a Charlotte Workers’ Compensation Claim
Appealing a comp claim requires several steps and procedures. There are also crucial deadlines to which you must adhere. Failures or mistakes during this process can harm your appeal. Therefore, we explain the necessary steps below.
Filing an Appeal With the NCIC
Suppose your employer denies your compensation claim. Then, you have the right to file an appeal with the North Carolina Industrial Commission (NCIC). You must file Form 18 within two years of the injury date. Therefore, missing this deadline can end your appeal process before you even start. Notably, the Commission can deny this Form 18 claim.
Requesting a Hearing
Let’s imagine that you get a negative response from the NCIC. In this instance, you can request a hearing before a Deputy Commissioner of the NCIC. The NCIC can ask you and your lawyer to meet with your employer’s representatives, insurance carrier, and legal counsels. The aim usually is to get both parties to resolve the dispute without a hearing.
Therefore, if you agree, a mediator helps you reach an agreement. This resolution may involve a lump settlement. However, suppose you still aren’t satisfied with your employer’s offerings. Then, you can proceed with the hearing before the Deputy Commissioner.
Submitting Evidence to the Deputy Commissioner
The NCIC’s Deputy Commissioner functions like a court judge. So, you can tender evidence in support of your claim like in the courts. The Deputy Commissioner doesn’t have to decide on that day, though. This is because they have to analyze the evidence presented to them. The law even allows them about sixty days to render their decision.
Appealing to the Full Commission
Notably, you and your employer have the right to appeal the Deputy Commissioner’s decision. You can file this appeal before the Full Commission. Your appeal will go to a panel of three Full Commissioners, who must then review your case. Usually, they’ll conduct this review without hearing any live testimony.
Furthermore, two of the Full Commissioners are all you need to reverse the Deputy Commissioner’s decision. The Commissioners can also give you and your attorney 20 minutes for oral arguments. The Full Commissioners mustn’t give a decision immediately. Instead, they can take several months or a year to render a decision.
Other Stages of Appealing a Denied Charlotte Workers’ Compensation Claim
The Full Commissioners’ decision isn’t the final stage of your workers’ comp appeal process. Instead, you can still appeal their decision further. For example, you can go on to the North Carolina Court of Appeals and the Supreme Court. However, very few workers’ comp cases get to this stage.
If there is any injustice in your claim’s denial, the NCIC will most likely notice it. Notably, though, the infrequency of court appeals doesn’t mean that you cannot win such an appeal. All you need is an excellent Charlotte workers’ comp attorney.
Charlotte’s Best Workers’ Compensation Attorneys Can Appeal Your Claim
Have you sustained a work injury in Charlotte? Then, you may be eligible for compensation. First, however, you’ll need the best Charlotte workers’ compensation lawyers. Suppose your claim was denied; our attorneys can also help you file an appeal. At Waple & Houk, we have several decades of experience defending injured Charlotte employees. We’ve also won the best settlements for our clients. So, it’ll be best to call us today for a FREE consultation on your case.