Wadesboro Denied Workers Compensation Claim Attorney

Has your employer or its insurance company rejected your workers’ compensation claim after you suffered a work injury or occupational illness in Wadesboro? Employers and insurers may deny workers’ comp claims for evidentiary issues or procedural defects – or they might deny claims in bad faith.

Whatever the reason for the denial, an injured or ill worker may have the right to appeal it and pursue the workers’ compensation benefits they need to recover. The workers’ compensation attorneys at Poisson, Poisson & Bower, PLLC, are ready to fight for your rights after a denied claim.

Contact us now to set up a free consultation with our workplace injury attorneys in Wadesboro.

Our Attorneys Help People with Denied Workers’ Compensation Claims

When your employer or its insurer denies your workers’ comp claim, you can expect the company to fight vigorously to avoid paying the financial benefits you need and deserve. Hiring experienced legal counsel can help you stand up for your rights and interests.

For over four decades, injured workers in Wadesboro have turned to the attorneys at Poisson, Poisson & Bower, PLLC, for help with denied workers’ compensation claims because:

• Our attorneys have a reputation for outstanding client service and assertive legal advocacy.
• We have established relationships with industry-leading experts who can assess your injuries and help us build a compelling case to argue for your rights to workers’ comp benefits.
• Our firm has the skills and resources to take your case to a formal workers’ compensation hearing or court as necessary.
• We can help you find the medical care you need to treat your work injuries as we vigorously pursue workers’ compensation benefits for you.

Our firm has a proven track record of success in workers’ compensation cases in North Carolina. For example, our firm secured a $450,000 settlement for a worker who tripped and fell at work and injured her neck after the worker had already received medical and disability benefits of over $700,000 during her active workers’ compensation claim.

Our dedication to success has earned us the trust and respect of the clients we’ve advocated for. For example, one of our workers’ compensation clients, J.W. of Wadesboro, wrote of our firm:

“I injured my back in the early part of 2011 while at work. After trying to deal with workman’s comp by myself, I finally decided it was too much of a hassle, so I decided to look for an attorney. I went to Poisson, Poisson & Bower, PLLC, and spoke to Mr. Fred Poisson, who immediately understood everything I was going through. I decided to give him a try, and my life got a little easier to deal with. No more complicated paperwork or phone calls from workman’s comp; it all went through the attorney’s office. They made sure that everything was handled for me. They handled my case very well and were very consistent on keeping me updated. Thank you, Poisson, Poisson & Bower, PLLC, for helping me get my life back in order.”

Common Reasons for Workers’ Compensation Claim Denials

Employers and workers’ compensation insurers may deny workers’ compensation claims for various reasons. Some of the most common bases for workers’ comp claim denials include:

• The worker did not sustain a work-related injury or illness.
• The injury or illness does not require medical attention or treatment and does not prevent the worker from continuing to work.
• The worker filed an untimely notice of claim.
• The worker failed to follow proper reporting procedures.
• The worker failed to provide sufficient supporting documentation.
• The worker’s injury or illness resulted from a pre-existing condition.
• The worker’s on-the-job accident occurred due to their drug or alcohol intoxication.
• The worker made fraudulent statements or misrepresentations in their claim.
• The worker failed to comply with recommended treatment and rehabilitation. 

The North Carolina Workers’ Compensation Appeal Process

After your employer rejects your workers’ comp claim, the appeal process begins by filing a Form 33, Request for Hearing, with the North Carolina Industrial Commission. After receiving your Form 33, the Industrial Commission will assign your claim to a deputy commissioner and schedule a hearing.

The deputy commissioner may suggest you and your employer attend mediation to negotiate a settlement of your workers’ comp claim. However, if you cannot settle the dispute, your case will reach a formal hearing before the deputy commissioner. A formal workers’ compensation hearing operates like a trial, as you and your employer can present evidence, witness testimony, and legal arguments to support your respective cases.

Should the deputy commissioner reject your appeal, you can further appeal to a full panel of three Commissioners within 15 days of the deputy commissioner’s decision. The panel will decide the case based on the record from the formal hearing and additional briefing or oral arguments from the parties.

If the panel also rejects your workers’ comp claim, you can appeal the decision to the North Carolina Court of Appeals within 30 days of the decision. If the Court of Appeals also rules against you, you can petition the North Carolina Supreme Court to allow you to further appeal to that court.

Time Limits for Appealing a Denied North Carolina Workers’ Comp Claim

When an employer or insurer denies a workers’ compensation claim, an injured worker may request a formal hearing before the North Carolina Industrial Commission within two years of the worker’s injury or when symptoms of an occupational illness begin manifesting. Filing an untimely appeal to the Industrial Commission may result in the denial of your appeal and the loss of your right to pursue workers’ compensation benefits.

How Our Wadesboro Workers’ Compensation Lawyers Can Help

When you receive notice that your employer or its insurer has denied your workers’ comp claim, let the attorneys at Poisson, Poisson & Bower, PLLC, fight for the financial benefits you deserve by:

• Investigating the circumstances underlying your work injury or occupational illness to recover evidence for your workers’ comp claim
• Reviewing your employer’s or insurer’s denial notice to understand the reasons why they denied your claim
• Explaining your legal options for appealing the denial of your claim
• Filing a request for a hearing before the North Carolina Industrial Commission
• Preparing a compelling case to present to the Commission, including working with medical and vocational experts as needed
• Advocating on your behalf during the hearing and pursuing further appeals if a deputy commissioner denies your initial appeal

If your employer or an insurer has denied your workplace injury claim in Wadesboro, NC, get the legal help you need from our law firm to navigate the complex legal process. Contact Poisson, Poisson & Bower, PLLC, today for a free consultation with a denied workers’ compensation claim attorney to discuss what steps you can take to appeal a workers’ comp denial.