What to Expect at the NC Industrial Commission

Hearing that a disputed claim is “going to the Industrial Commission” can make it sound like the case is immediately headed for a courtroom. In reality, disputed North Carolina workers’ compensation claims generally move through several stages, including mediation, before a formal hearing takes place.

Understanding those stages can make the process easier to follow and help injured workers know what is expected of them along the way. A Charlotte workers’ compensation lawyer can also prepare a claimant for mediation, a hearing before a Deputy Commissioner, and any appeal that may follow.

What the Industrial Commission Actually Does

The North Carolina Industrial Commission is the state agency responsible for administering the workers’ compensation system in the state, not just the claims that end up in dispute. Most injured workers never have to appear before the Commission in a formal proceeding, with many claims handled through ordinary claims processing between the injured worker, the employer, and the insurance carrier. The Commission’s dispute resolution role becomes more visible when a claim is denied or when the parties disagree about something significant, such as whether benefits should continue, what medical treatment is necessary, or the extent of a worker’s permanent impairment.

It helps to think of the Commission as functioning in two distinct capacities. For many claims, it operates administratively, receiving and processing required forms and overseeing the workers’ compensation system in the background. When a dispute cannot be resolved between the parties, the Commission also provides a formal process for resolving it through mediation, hearings, evidence, and written decisions. A claimant generally interacts with this more formal side of the Commission when a dispute develops that the parties cannot resolve on their own.

Requesting a Workers’ Compensation Hearing: Filing Form 33

When a claim is denied, or a significant dispute arises, the injured worker can request a formal hearing by filing what is called a Form 33, officially titled Request That Claim Be Assigned for Hearing. The form identifies the reason the parties have been unable to reach an agreement and the benefits the injured worker is seeking. Filing Form 33 places the dispute on the hearing track and generally triggers a specific sequence of steps through the Industrial Commission.

Why Most Disputes Settle Before a Workers’ Compensation Hearing

Once Form 33 is filed, the Commission generally refers the case to a mediated settlement conference before it proceeds to a formal hearing. This is a structured negotiation session, not a hearing, run by a neutral mediator whose job is to help both sides determine whether they can resolve the dispute without a hearing.

Mediation resolves a significant share of these cases. The North Carolina Industrial Commission’s more recent FY 2024–25 data reports a 70 percent overall settlement rate for mediated cases. That helps put what “going to the Industrial Commission” actually means into perspective: many disputed claims are resolved through negotiation before a formal hearing ever takes place.

If Mediation Doesn’t Resolve It: The Hearing Process

For the smaller share of cases that do not settle at mediation, the dispute moves toward a formal hearing before a Deputy Commissioner, who functions similarly to a judge in this setting. At the hearing, each side can present evidence, including medical records, wage documentation, and witness testimony relevant to the disputed issues. The amount of time between mediation and the hearing can vary depending on the Commission’s calendar and the circumstances of the case.

The hearing itself is more procedural than dramatic. There is no jury, and the claimant will generally testify about the accident, their injuries, work restrictions, treatment, and other issues relevant to the dispute. Other witnesses may also testify depending on what facts are contested.

Medical testimony is commonly handled differently. Rather than requiring treating physicians and other medical experts to appear at the hearing, their sworn testimony is often taken through depositions after the hearing, while the evidentiary record remains open. Those depositions can address technical questions involving diagnosis, causation, medical treatment, work restrictions, and permanent impairment before the record is closed and the Deputy Commissioner considers the case.

After the Hearing: The Opinion and Award and Appeal Rights

Once the evidentiary record is complete, the Deputy Commissioner reviews the hearing testimony, deposition transcripts, medical records, and written arguments from both sides before issuing a written decision called an Opinion and Award. Because medical depositions and other evidence may be submitted after the hearing itself, the case is not necessarily ready for a decision on the day the hearing ends.

Either party who disagrees with the Opinion and Award can request review by the Full Commission. In North Carolina, that request generally must be made within 15 days of receiving notice of the Deputy Commissioner’s decision. The Full Commission reviews the case and can affirm, modify, or reverse the Deputy Commissioner’s decision. This adds another stage to the process, but it gives both parties an opportunity to seek review of the initial ruling.

What a Claimant Should Expect Across the Full Process

A disputed workers’ compensation claim can take time to move through the Industrial Commission, particularly when it proceeds beyond mediation to a hearing and written decision. The exact timeline varies depending on the issues involved, whether additional medical evidence is needed, and whether either party seeks review of the Deputy Commissioner’s decision.

The process generally looks like this:

Not every disputed claim goes through every stage. Many cases resolve at mediation, while others may settle later in the process. Understanding where a claim is in this sequence can make it easier to know what comes next and what still needs to happen before the dispute is resolved.

Preparing for the NC Industrial Commission Process

Going through the Industrial Commission does not necessarily mean an injured worker is headed directly to a courtroom-style proceeding. Mediation generally provides an opportunity to resolve the dispute first, and a formal hearing becomes necessary when the parties cannot reach an agreement.

When a hearing is required, the specific issue being disputed will shape the evidence and testimony that matter. A case involving denied medical treatment may look different from one involving a complete claim denial, disputed wages, or ongoing disability benefits.

Waple & Houk represents injured workers throughout the North Carolina Industrial Commission process, including disputed claims, mediation, hearings before Deputy Commissioners, and Full Commission review.