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After a workplace injury or the diagnosis of an occupational disease, your workers’ compensation claim will be investigated by your employer and their insurance carrier or third-party administrator. You must report your claim to your employer as soon as possible to avoid having your claim denied. Unfortunately, any statements you make to your employer or medical provider could seriously jeopardize your claim. Therefore, it is important to speak to an experienced North Carolina worker’s compensation attorney before making any statements.
When a Dispute Arises
If your workers’ compensation claim is accepted, you are entitled to benefits, including medical care and compensation under the North Carolina Workers’ Compensation Act. However, even when a claim is accepted, frequent disagreements can arise between injured workers and employers over what is proper medical care and the amount of money that may be owed. When a dispute arises, an experienced North Carolina workers’ compensation attorney can ensure that all your rights are protected. Having an attorney on your side is critical, especially if your case requires a full evidentiary hearing.
Frequent areas of dispute in accepted cases can include, but are not limited to:
- Quality of medical treatment provided
- Failure to accept liability for all conditions related to the injury or occupational disease
- Temporary total or temporary partial disability payments
- When an employee must return to work to perform a modified job
- Timely payment of benefits
- The amount of payments
- Whether or not a worker is at maximum medical improvement
When a Claim is Denied
When a worker’s claim is denied, a full evidentiary hearing before a Deputy Commissioner is required to establish liability before any benefits under the North Carolina Workers’ Compensation Act are payable. In some cases we can get the defendants to change their position and accept liability without a full hearing. However, without an experienced attorney on your side, fighting a denied claim can be an uphill battle. Injured workers bear the burden of proving that they are owed benefits under North Carolina law. To do this, expert medical evidence is usually required. During this process, your lawyer will fight for your right to receive all the benefits to which you are entitled, including past, present and ongoing compensation as well as past, present and future related medical expenses.
Going to the Hearing
Hearings before a Deputy Commissioner are formal legal proceedings with specific procedures and rules of evidence. Medical and other expert testimony is taken in depositions after the hearing. Parties have up to 60 days to add additional evidence to the hearing record. Afterwards, deputies usually issue their rulings within 6 months after the hearing record has closed and the parties’ final contentions and proposed Opinion & Award have been filed.
Contact Our Worker’s Compensation Lawyers Today for a FREE Consultation!
If you or someone you love has been struggling to receive benefits after a work related injury, it is important to seek the advice of an experienced workers’ compensation attorney. At Hill Evans Jordan & Beatty, PLLC, we are skilled litigators with years of workers’ compensation experience. We will fight for your workers’ compensation claim and for your future. Call us today at (336) 379-1390 or fill out our confidential contact form for more information.
The workers’ compensation attorneys at Hill Evans Jordan & Beatty, PLLC are proud to represent injured workers in Greensboro, Winston-Salem, Kernersville, High Point, Burlington, Salisbury, Asheboro, Durham, Chapel Hill, Cary, Apex, Raleigh, and throughout the state of North Carolina.