Workers' Compensation Claim Denial in Greensboro

Workers’ compensation claim denial notice with stamp and paperwork in Greensboro

If you’ve been injured on the job in Greensboro, the last letter you want to receive in the mail is a workers’ compensation claim denial. However, that is a reality for thousands of injured workers across the state. Workers’ compensation insurers routinely deny claims, even valid ones, to save money.

Fortunately, there are steps you can take after a claim denial to seek payment of the workers’ compensation benefits you deserve. The first step is to contact Ward Black Law for a free case review with an experienced workers’ compensation attorney. We’re ready to review the incident that caused your injuries and the reasons the insurer provided for the denial and explain how the workers’ compensation appeals process works.

Our Law Firm Helps People with Denied Workers’ Compensation Claims

At Ward Black Law, we’re known throughout North Carolina as award-winning attorneys for seriously injured people. Our law firm has recovered over $150 million in settlements for our clients’ medical bills, lost wages, and other losses in personal injury and workers’ compensation cases. We’ve handled some of the state’s largest workers’ compensation cases, including representing over 600 employees of a single North Carolina plant in 2018.

We’re proud of our commitment to helping injured workers in Greensboro seek the maximum compensation they deserve. We encourage you to read our client testimonials to learn more about what it’s like working with our team. For example, one of our past clients wrote:

“Ward Black handled my step father’s workers compensation case. Being an attorney myself, I asked several colleagues about who my family should contact. Ward Black was the name that I continued to get. Throughout the entire process, my family was very pleased with the communication, skill level, and professional services provided by Gerard and his staff.” – Blair

Common Reasons for Workers’ Compensation Claim Denials

Workers’ compensation insurance companies make money by denying claims and reducing the value of the claims they agree to pay. Some of the possible reasons the employer or insurance company might assert for denying your workers’ compensation claim could include:

  • Non-eligible injuries – Injuries must have occurred in the course and scope of your employment to be eligible.
  • Failure to report injuries – You must report the injury to your employer within 30 days to seek workers’ compensation benefits.
  • Missed deadlines – You must file your workers’ compensation claim with the North Carolina Industrial Commission within two years of the injury to claim benefits.
  • Disputed injuries – Your employer may dispute the circumstances of your injury or claim that it does not fall under workers’ compensation.
  • Disputed employment status – Your employer may dispute your classification as an employee rather than an independent contractor.
  • Failure to establish causation – The insurance company may not believe you provided sufficient evidence to connect your injury to your work.
  • Pre-existing conditions – The insurance company may claim that your injury results from a pre-existing condition.

Steps to Take After a Workers’ Compensation Denial

A denial doesn’t have to be the end of your workers’ compensation claim. By taking the following steps, you can begin the appeals process and give yourself a better chance at recovering the benefits you deserve:

  • Review the denial letter you received from your employer’s insurance provider. It should state the reasons for the claim denial.
  • Gather additional evidence, such as medical records, witness statements, and other relevant documents, to strengthen your case before your appeal.
  • Consult an experienced workers’ compensation attorney from Ward Black Law who can evaluate your case and help you prepare for your appeal.
  • File a Form 33 with the North Carolina Industrial Commission (NCIC) to request a hearing for your case.
  • Prepare for your hearing with your lawyer by reviewing the evidence your lawyer will present and the arguments they will make for why you deserve compensation for your work injury.

The Workers’ Compensation Hearing and Appeals Process in NC

Your workers’ compensation case before the Industrial Commission begins after you file a Form 33 with the NCIC. There are four primary steps to this process that your case may go through depending on its complexity and the outcomes of the prior steps.

  • Mediation – The first step is typically mediation. If the parties agree to mediation, they will meet in an attempt to reach a resolution before going through a formal NCIC hearing.
  • NCIC hearing – If mediation fails, the next step is for your case to go before a Deputy Commissioner of the NCIC. They will review the evidence and testimony presented by both parties and make a decision.
  • Full Commission review – If you are not satisfied with the decision from the NCIC hearing, you can file a Form 44 within 25 days of the NCIC hearing decision to appeal your case to the Full Commission for reconsideration.
  • Court appeals – If the Full Commission’s decision is not satisfactory, you can appeal your case in the North Carolina Court of Appeals. You must submit this appeal within 30 days of the decision made by the Full Commission.

Avoiding Common Mistakes That Lead to Claim Denials

Some of the most common mistakes injured workers make that lead to their workers’ compensation claims being denied are:

  • Delaying medical treatment resulting in the insurance company doubting the severity, extent, or veracity of their injuries
  • Failing to follow prescribed treatments also leading to doubts about their injuries
  • Providing inconsistent statements about how the incident that caused their injuries occurred
  • Failing to hire an attorney to handle their case and negotiate with the insurance company

How Our Workers’ Compensation Attorneys Can Help

At Ward Black Law, we’re dedicated to fighting for the rights of injured workers. When you hire our firm to handle your workers’ compensation case, we’ll investigate the incident, gather evidence to challenge wrongful claim denials, represent you in hearings and negotiations, and help you seek the maximum benefits available under North Carolina law.

If your workers’ compensation claim was denied after a workplace injury in Greensboro, contact our firm to schedule a free claim review with an experienced attorney. We’ll walk you through the steps in appealing your claim denial and help you determine the evidence needed to make your appeal successful.