When you are injured due to a job-related accident in North Carolina the law allows you to claim compensation for your injuries from the workers’ comp insurance cover of your employer. Insurance companies tend to deny workers’ comp benefits to employees even due to the slightest mistake when filing the lawsuit. You may have to put more effort to obtain the settlement that you rightly deserve. That’s where you need legal assistance from a lawyer experienced in Gastonia workers’ compensation disputes. You can be confident that your employer will have qualified attorneys on their side. Hence, you should be ready with the best worker’s comp attorney in Gastonia to fight for your rights and obtain maximum compensation for your injuries.
1Charlotte is your trusted partner when it comes to hiring the best workers’ compensation lawyers in Gastonia NC. Our expert workers’ comp attorneys are available 24/7 to answer all your questions and represent your case. We have handled hundreds of workers’ comp lawsuits on behalf of our clients in the past and won millions of dollars in compensation for them. Call 1Charlotte at 704.706.2689 right now to get started on the road to recovering fair compensation for your damages.
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Causes of Workers’ Compensation Disputes
There are many reasons for the insurance company to deny part or all of your workers’ comp benefits. Some of the most common reasons include:
- The insurer believes that the injury or illness didn’t occur on the job
- The employee provided inadequate information in the application
- The injury or illness was a pre-existing condition
- Suspicious of fraud
- The employer failed to file a timely claim on behalf of the employee
- Lack of evidence
- Missed the deadline of filing the case
- The employee didn’t submit to timely physical examination
- The insurer refuses to recognize some aspects of the injury
What to do if Your Workers’ Comp Claim is Denied in North Carolina?
When a workplace injury claim is denied in NC, you should act quickly. You have three options to choose from after receiving the denial from the employer’s insurance company.
Withdraw the claim – This means the victim has two years from the date of injury to request a hearing to the NC Industrial Commission – You should file an NCIC form-33 for this purpose.
Request a hearing as soon as you receive the denial of the claim – File an NCIC Form 33 with the Industrial Commission.
Contact a worker’s comp attorney at 1Charlotte Gastonia NC to handle your case and obtain maximum compensation for your injuries.
Types of Workers’ Compensation Disputes
There are different types of workers’ compensation disputes that affect the successful processing of your claim. Some of these disputes include:
Liability Disputes
The insurer can dispute liability for your workers’ comp claim. They should inform you of the reasons for the dispute in writing and provide information on the next steps available to you.
Permanent Impairment Disputes
The employee and the insurer may disagree on the offer of settlement for lump-sum compensation. The insurer should advise the reasons for the dispute and the next steps available to you.
Injury Management Disputes
The employer is supposed to provide suitable work to support the injured employee to recover from his/her injuries. The insurer can dispute the claim if there is no injury management plan.
Workers’ Compensation Dispute and Appeals Process in North Carolina
When you cannot resolve a workers’ comp dispute with the insurer, you may be required to escalate the dispute. In fact, dispute resolution options can vary depending on the insurance company, the jurisdiction, and any other facts specific to your case. Here are some of the common methods of dispute resolution in Gastonia, North Carolina.
Mediation
Mediation is an informal dispute resolution procedure adopted by the state. A neutral third-party will help resolve the dispute between the employee, employer, and the insurance company. There is no need for litigation when the dispute is resolved to everyone’s satisfaction.
Disputes/Hearings
A formal hearing is the next step when the dispute cannot be resolved through mediation. The hearing will be similar to a trial in a court of law, but it will be conducted by the State workers’ compensation board.
Appeals
If any party is still not satisfied with the claim, they can appeal the claim in a state court.
Our Attorneys Know How To Handle Gastonia Workers’ Compensation Disputes
When you are injured due to a job-related accident in Gastonia, North Carolina, you are entitled to claim compensation under the workers’ compensation insurance of the employer. Insurers tend to deny claims even due to the slightest mistakes in the application. That’s why you need to hire the best personal injury lawyer in Gastonia NC to handle your case. Call 1Charlotte at 704.706.2689 right now to get started on the road to recovering fair compensation for your damages.
