North Carolina Industrial Commission and Your Claim

If your workers’ compensation claim has been denied, don’t give up. There are 4 steps in bringing your appeal before the North Carolina Industrial Commission (NCIC).

(0:16) Bringing Your Case Before the NCIC, Step 1

The first step in every workers’ compensation process is to file a claim. You generally have two years to file your claim with the Commission, but it’s best to do it as soon as possible. The main form you’ll use to file your claim is called simply Form 18. The form allows you to document the timing and nature of your injury.

After filing your claim, you should hear a decision from your employer’s insurance company within 30-60 days. During this time, the insurance company may ask you for a recorded statement. Learn why these can be very dangerous at https://www.farrin.com/blog/whats-wro....

If your claim is denied, you’ll likely find yourself before a judge of the NCIC. The NCIC is essentially the court system for workers’ compensation claims in North Carolina.

(1:16) Bringing Your Case Before the NCIC, Step 2

If your claim is denied and you want to appeal, you’ll have to file a hearing request with the NCIC. The hearing request can be made using Form 33, available on the Commission’s website.

Before the NCIC will grant you a hearing request, you’ll likely have to attend mediation. Mediation is a supervised meeting between the two parties to the case, with both parties typically represented by attorneys. The insurance company may make settlement offers at mediation. If a settlement can’t be reached, the next step is to go before an NCIC judge.

(2:20) Bringing Your Case Before the NCIC, Step 3

It typically takes a few months between mediation and getting a hearing before a judge. Your hearing will not have a jury present, just a judge, the court reporter, and both parties. There may also be witnesses if either side wants to call them.

Generally, the hearing goes like this: First, your attorney asks you questions, then their attorney will ask you questions. You’re trying to make a compelling case and the insurance defense team is looking out for their own best interests. After this, you’ll have 30-60 days to gather additional information from your doctors. Then, you’ll submit a report to the judge recapping the hearing and what your doctor said. The judge then makes a decision as to whether you’ve won your case or not.

(4:10) Bringing Your Case Before the NCIC, Step 4

If the judge rules against you, the fourth step may be appealing to the full Commission. This means, instead of one judge, you’ll make your case to three judges. These judges will be taking a fresh look at your case. The judges here decide by majority whether or not the earlier decision by the judge was correct. After this step, there may be more appeals available through the standard court system.

If all this sounds complicated, it’s because it can get very confusing, very fast. Remember, the insurance company is watching out for themselves. If you need someone to fight for you and level the playing field with the insurance companies, the Law Offices of James Scott Farrin can help. We’ve been handling workers’ compensation cases across the state for more than 20 years. Several members of our team are North Carolina State Bar Board Certified Specialists in workers’ compensation. Call us at 1-866-900-7078 today!

Free Case Evaluation: https://www.farrin.com/contact-us/

Learn more: https://www.farrin.com/workers-compen...

Cases handled by lawyers who principally practice in our Durham (Main), Raleigh, Charlotte, Greensboro, NC and Greenville, SC offices.
Attorney Michael Shepherd: 555 South Mangum Street, Suite 800, Durham, North Carolina