You got hurt on the job. You did everything right—reported the injury, got medical treatment, and filed a workers’ compensation claim. But then… 🚫 DENIED.
So now what?
The good news: a denial isn’t the end. In North Carolina, you have the legal right to appeal and fight for the benefits you deserve. 💪
At Burts Law, PLLC, we’ve helped injured workers across the state successfully appeal their denied workers’ comp claims and get the coverage they need. Here’s your step-by-step guide to navigating the process.
🛠️ Common Reasons Workers’ Comp Claims Get Denied in NC
Before we talk appeals, let’s look at why your claim may have been denied:
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📆 You missed the reporting deadline (30 days in NC)
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🏥 No medical documentation supporting your injury
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🤕 Pre-existing condition used as an excuse
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🛠️ The insurer says the injury wasn’t work-related
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📋 You didn’t follow the correct procedures or forms
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💬 Contradictions between your story and medical records
Even legitimate claims get denied due to paperwork errors or insurance tactics. That’s where we come in.
📑 Step-by-Step: How to Appeal a Denied Workers’ Comp Claim in NC
1. 📬 Review the Denial Letter
The insurance company is required to send you Form 61 explaining why your claim was denied. Review it carefully and keep a copy for your records.
2. 📝 File Form 33 – Request for Hearing
To appeal, you must submit Form 33 to the North Carolina Industrial Commission (NCIC). This requests a formal hearing before a Deputy Commissioner.
⏰ Deadline: While there’s no strict timeline, it’s best to file ASAP after denial to protect your rights and avoid delays.
3. ⚖️ Prepare for Mediation
Before your hearing, you’ll likely be required to attend mediation—a meeting between you, the insurance company, and a neutral mediator to try to resolve the dispute.
Burts Law will represent you throughout this process, making sure your side is heard.
4. 🏛️ Attend the Hearing
If mediation doesn’t resolve the issue, your case goes to a formal hearing. A Deputy Commissioner will:
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Hear testimony
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Review evidence
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Evaluate medical reports
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Decide whether benefits should be granted
This is where your preparation—and having a skilled attorney—can make or break your case. ⚖️
5. 📤 Further Appeals (If Needed)
If the decision doesn’t go your way, you can appeal further to:
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The Full Commission
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The North Carolina Court of Appeals
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Even the NC Supreme Court (in rare cases)
📚 What Evidence Helps Win an Appeal?
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🏥 Strong medical records linking your injury to your job
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👨⚕️ Testimony from treating physicians
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🧑💼 Witness statements from coworkers or supervisors
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📄 Documentation showing timely reporting and compliance
We help gather, organize, and present all this on your behalf.
💸 What Benefits Are at Stake?
If your appeal is successful, you may recover:
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💵 Temporary total disability (TTD) payments
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🏥 Medical treatment costs
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🚑 Mileage reimbursement for travel to appointments
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🛠️ Vocational rehab services
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💼 Permanent disability benefits if applicable
👨⚖️ Why Choose Burts Law, PLLC?
Appealing a denied claim isn’t easy—but we make it less stressful. We’ve helped workers from construction sites, warehouses, healthcare, delivery, retail, and beyond fight back and win. 💼
📞 Call (866) BURTS-LAW or visit 🌐 www.burtslaw-nc.com to schedule your free consultation today.
