How to Appeal Workmans Comp Decisions in North Carolina
Under North Carolina's Workman's Compensation Act, an employee who suffered work-related injuries may collect certain benefits. If these benefits are suspended or terminated, the employee has the right to contest the suspension or termination with the Commission that oversees workman's compensation claims. The denied employee must file an objection in writing to the Commission within 14 days of the date the employer's notice of suspension/termination was filed with the Commission.
Current North Carolina Workmans Comp Laws
§97-18.1. Termination or suspension of compensation benefits.
(c) An employer seeking to terminate or suspend compensation being...shall notify the employee and the employee's attorney of record in writing of its intent to do so on a form prescribed by the Commission. A copy of the notice shall be filed with the Commission. This form shall contain the reasons for the proposed termination or suspension of compensation, be supported by available documentation, and inform the employee of the employee's right to contest the termination or suspension by filing an objection in writing with the Commission within 14 days of the date the employer's notice is filed with the Commission or within such additional reasonable time as the Commission may allow.
§97-84. Determination of disputes by Commission or deputy.
The Commission or any of its members shall hear the parties at issue and their representatives and witnesses, and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and a copy of the award shall immediately be sent to the parties in dispute. The parties may be heard by a deputy, in which event the hearing shall by conducted in the same way and manner prescribed for hearings which are conducted by a member of the Industrial Commission, and said deputy shall proceed to a complete determination of the matters in dispute, file his written opinion within 180 days of the close of the hearing record unless time is extended for good cause by Commission, and the deputy shall cause to be issued an award pursuant to such determination.
Talk to a Qualified Attorney
If you live in North Carolina and were injured on the job, your employer must provide workers' comp benefits to you. However, sometimes employers may terminate or suspend these benefits for certain reasons, such as the worker is able to return to his or her job. If you have been denied benefits by your employer or by the Commission, you have a right to appeal. If you wish to know about appeals and workman's comp in North Carolina, talk with an experienced attorney to discuss your case.