If the insurance company denies your claim, you may still have rights under the law to appeal the denial.
You will receive a copy of Form 61 — Denial of NC Workers’ Compensation Claims — from your employer or their insurance company. This document should explain the reasons for the denial. An attorney can determine if there are grounds for filing an appeal of the denial.
Form 61
If the case has merit, your attorney will file a request for hearing with the Industrial Commission by submitting Form 33
Your Attorney will file a Request for Hearing with the North Carolina Industrial Commission. Before the hearing, your attorney will gather evidence and respond to questions from the insurance company’s lawyer.
It’s important to understand that a workers’ compensation hearing is not the same thing as filing a formal lawsuit against your company and its workers’ compensation carrier.
During the hearing, your attorney will present your case in front of an administrative law judge with the Industrial Commission, arguing that your workers’ compensation benefits should be granted and the denial be reversed.
Form 33