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Greensboro Denied Worker Compensation Claims
Has your Greensboro worker’s compensation claim been denied?
If you have suffered a work-related injury and your employer or their insurance company has denied your benefits, you are probably feeling disappointed and vulnerable right now. Sit down for a free consultation with the Greensboro worker’s compensation attorneys at Schlosser & Pritchett so we can discuss your personal injury claim. Many legitimate workers' comp claims result in denial. The process does not have to stop there. Remember, the insurance companies are hoping you will just give up, so they don’t have to pay – we’ll help you to get the workmen’s compensation benefits you deserve!
The Worker’s Compensation Denial Process
If your employer or insurance carrier denied your workers' compensation claim, they must file a Form 61, also known as a Denial of Workers' Compensation Claim, within 14 days of its notification of your claim. They must give you a detailed statement as to why they chose to deny your claim. If you disagree with their decision, you have the right to appeal their decision by requesting a hearing with the North Carolina Industrial Commission. This hearing is requested by completing a Form 33, also called a Request for Hearing. After you have filed this form, it may take as long as nine months or longer for a hearing to be scheduled with a Deputy Commissioner. But before the hearing, you will likely be required to participate in some type of mediation or settlement conference to try and resolve your dispute with the other party. If your claim cannot be settled at mediation, your hearing will still take place when scheduled.
Reasons for Denial
A workers' comp claim may be denied for many reasons. Some of the reasons that employers and their insurance companies give for denials are:
- The injury did not happen at work.
- The injury is the result of a preexisting condition.
- The claim is filed after the state's time limit for a worker's compensation claim to be accepted.
- The injury is not severe enough.
- The injury was not well documented.
No matter what the reason given, the workmen’s compensation attorneys at Schlosser & Pritchett will stand by your side to pursue further action. Our competent worker’s compensation legal team will appeal the decision and present your case in front of a judge. If necessary, we will take your case as far as it needs to go to get the results that are right for you.
What To Do If Your Claim is Denied
Don’t panic! If your workmen’s compensation claim has been denied, here are some steps to take:
- First, retain an attorney, preferably one who specializes in worker's compensation law. At Schlosser & Pritchett, we are trained to negotiate with insurance companies on your behalf. We already know the relevant laws regarding labor and the North Carolina worker’s compensation Act.
- Second, get organized and document, document, document. Request a copy of your personnel file; it should contain the report you completed when you were injured or your illness occurred.
- Third, put all relevant evidence in your file. Include medical records and other evidence that supports your claim. Narrative reports from your doctor, test results, emergency room reports, rehabilitation progress reports on your injury and recovery – all of these would be supportive of your claim. If there are witnesses, be sure and get written statements from them. Also track your personal medical expenses during this time, including transportation to medical appointment, prescription costs, etc.
- Fourth, attend the hearing with your lawyer. Either a judge or mediator will be present. Testify truthfully about the details of the accident, the nature of your injuries and the lost wages, and expenses incurred due to this accident.
- Fifth, do not communicate with the insurance company. If they try to contact you, refer them to your attorney at Schlosser & Pritchett. If you receive any kind of correspondence from them, send it to us immediately. Do not respond to it yourself.
- Sixth, the insurance company will observe you in public, probably recording your actions with a video camera. It you are seen exercising or engaging in any physical activity that undermines your claim, it can be used against you to deny your claim. They can even use it to pursue you in court for fraud.
Schlosser & Pritchett – Concerned Greensboro Worker’s Compensation Attorneys
As an experiencedGreensboro workers’ compensation law firm, we can guide you through the hearing and appeals process, including:
- Filing your claim and requesting a hearing
- Advocating for your rights through a mandatory mediation
- Representing you at all stages of litigation that might be necessary, including your hearing before the Deputy Commissioner of the Industrial Commission, review before the Full Commission, and appeal to the North Carolina Court of Appeals and Supreme Court.
It is always best to work with an experienced North Carolina workers' compensation lawyer from the earliest stages of your case. The claims process can be complicated, confusing, and drawn out, in some cases taking years to settle. Whether you are just beginning the claims process or your claim has already been denied, Schlosser & Pritchett will help you navigate the complex legal gauntlet you'll be required to run through…smoothly!
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Law Firm of
Schlosser & Pritchett
5709 West Friendly Avenue
Greensboro, NC 27410
Phone: 336-292-4076
Fax: 336-292-8003
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