Appealing a Workers’ Compensation Decision in Greenville
If someone believes that their claim was denied in error, they can appeal the validity of the decision itself. In addition, while applying for workers’ compensation, problems arise that can be appealed. Those issues can include the amount of benefits, continuation of benefits, nature and extent/permanency, and more. This is why appealing a workers’ compensation decision in Greenville can be a difficult process.
If these problems arise, an experienced worker’s compensation attorney should be the first person that you consult in order to appeal the validity of the decision.
Types of Employees
In Greenville, employers that have three or more full-time employees are required to carry workers’ compensation insurance coverage, which means they require coverage under workers’ compensation. If one of those employees is injured on the job, a person should provide written notice as soon as possible and should seek medical treatment.
A person would know if they have a workers’ compensation case if they were injured on the job with an employer that has three or more employees, and therefore would have a workers’ compensation claim. If they do not know, they can seek a free consultation with an experienced workers’ compensation attorney.
Depending on the size of the employer, most companies will have a poster on the work site informing workers what they need to do if they are hurt on the job. They may also have their own company procedure on what an employee is required to do once they are hurt.
When Might a Workers’ Compensation Claim be Denied?
If an injured worker does not provide notice within 30 days, or the injured worker does not describe an injury by accident that occurred on the job, the claim can be denied. A worker should consider appealing a decision if they are able to provide documentation that they were injured on the job and have incurred medical treatment as a result of that injury.
The first thing a person should do in the event that their workers’ compensation claim is denied is to consult with an attorney. Appealing a workers’ compensation decision in Greenville can be a task they can take on their own, but they want to consider consulting an attorney.
How Appealing a Workers’ Compensation Decision in Greenville Works
An individual would begin appealing a workers’ compensation decision in Greenville by filing a Form 33 with the North Carolina Industrial Commission, or the person can hire an experienced workers’ compensation attorney to do it for them. The appeals process for denied workers’ compensation claims is to file a Form 33 with the North Carolina Industrial Commission.
Some of the essential components that are needed to ensure that the workers’ compensation claim is successful are to obtain all medical reports, obtain earnings information, obtain witness statements, and obtain medical causation opinions. A person may not appeal a denied claim if they do not have a valid claim for an injury by accident or cannot show that their injuries have resulted in a work restriction.
Benefit of a Workers’ Compensation Lawyer
Attorneys can ask the employer to reconsider the denial and can request the hearing if the claim remains denied. Lawyers know how and where to file the Form 33, as well as how to prepare a case for a hearing in front of the North Carolina Industrial Commission.
The first steps a workers’ compensation lawyer will take after their client has been denied workers’ compensation will involve records. Attorneys will obtain all the necessary medical records and reports and will send a lot of representation to the employer and the insurance company. They will also request the adjusters’ file and if they decide that the claim has merits then, they will file a request for hearing.