Skip to Content

Get Your FREE Consultation

A Raleigh Workers’ Comp Lawyer Handling Denied Workers’ Compensation Claims
Print PDF

The workers’ compensation system is a no-fault insurance program that exists to protect people who are unable to work due to an injury or illness they suffered while on the job. While many claims are approved without issue, many other claims are unfortunately denied. Fortunately, many of these denials can be remedied if the right steps are taken. If your claim has been denied, you may still be able to get the benefits you deserve if you contact a Raleigh workers’ comp lawyer as soon as possible. 

Be Aware That There Are Strict Deadlines

Most importantly, you need to take immediate action if your workers’ compensation claim has been denied—there are strict deadlines if you want to proceed. If you miss one of these deadlines, you could lose all of your rights. In other words, you may not be able to receive any workers’ compensation benefits, no matter how strong your claim may otherwise be. 

If your claim has been denied, you always have the right to appeal. However, to protect your rights, you must file a notice of your intent to appeal within 14 days of receiving the notice of denial. 

It is very easy to lose track of this deadline when you are dealing with an injury or illness. A Raleigh workers’ comp lawyer can make sure your appeal is filed in a timely manner and allow you to focus on recovery without the anxiety of worrying about your case. 

A Raleigh Workers’ Comp Lawyer Can Guide You Through the Appeal Process

Here is a summary of the appeal process when a workers’ compensation claim is denied: 

  • The worker files their Notice of Intent to Appeal. 
  • The North Carolina Industrial Commission (NCIC) schedules your case for mediation.
  • The worker and their attorney (if they have one) attend mediation. The mediator makes a recommendation based on the evidence you present and forwards it to the NCIC. 
  • If you disagree with the mediator’s recommendation, you may request a hearing before an administrative law judge. 
  • The hearing will be similar to a trial. The administrative law judge will hear testimony and receive evidence from both sides. Then, they will decide whether or not to approve your claim. 
  • If your claim is not approved at the hearing, you can request a review of your case by the full commission. 
  • Your final appeal option is to file an appeal with the North Carolina Court of Appeals and then to the North Carolina Supreme Court.  


The purpose of the mediation process is to attempt to negotiate a resolution of your workers’ comp that is agreeable to both you and your employer. A neutral third party known as a mediator will facilitate the negotiation but will not “decide” the case or render an opinion on the validity of your claim. Instead, the mediator will make a recommendation as to how the claim that is filed with the NCIC should be resolved. The appeal process concludes at this step if both you and your employer agree with the mediator’s recommendation. 

While mediation is an informal proceeding, it is important to take it seriously. The sooner your claim is approved, the sooner you can get your benefits. As a result, we strongly recommend that you consider hiring a Raleigh workers’ comp lawyer if your appeal has already been scheduled for mediation.  

You Can Request a Hearing

If you do not agree with the mediator’s recommendation, you can request a hearing before an administrative law judge or a deputy commissioner of the NCIC. The hearing will be more formal than the mediation, and the judge will decide on your claim based on the evidence you and your employer presented. While this proceeding is less formal than a trial, it is critical that you present the strongest case possible that includes all of the available evidence. Otherwise, you risk jeopardizing your claim and undermining any subsequent appeals. 

Working with a Raleigh workers’ compensation lawyer will maximize your chances of a successful outcome. They will know what evidence you will need and how to introduce it clearly and compellingly. They will also know how to elicit testimony from witnesses to support your claim and how to cross-examine witnesses for your employer. 

Full Commission Review

If the deputy commission denies your claim, you can then request a full commission review. You must file your appeal to the full commission within 15 days of the date of the notice of hearing decision. 

The North Carolina Court of Appeals and the North Carolina Supreme Court

Your final appeal option is to pursue a lawsuit in state court. The first step is to file an appeal with the North Carolina Court of Appeals. If the Court of Appeals denies your claim, your last remaining option is to appeal to the North Carolina Supreme Court. If your appeal to the Supreme Court is unsuccessful, you will have no further options. 

Litigation is expensive, and the legal system is nearly impossible for non-lawyers to navigate. The sooner you engage a Raleigh workers’ comp lawyer, the better your chances of avoiding a time-consuming appeal process and litigation. 

How a Raleigh Workers’ Comp Lawyer Can Help 

A lawyer can help with almost every aspect of your case, giving you the best chance that your appeal will be successful. Here are some of the ways that a workers comp lawyer can help: 

  • They can track all of the important deadlines
  • They can gather all of the evidence you will need and make sure it is clear and persuasive
  • They can interview potential witnesses
  • They can prepare you for testifying 
  • They can anticipate any objections to your claim and prepare responses

In short, they can handle your appeal from start to finish so that you can focus on your health.

Contact Martin & Jones to Talk to a Raleigh Workers’ Comp Lawyer Today

If your workers’ compensation claim has been denied, we can help you get your benefits. To get the help you need, call 1-800-662-1234 or contact us online to schedule a free consultation.

Contact Our North Carolina Personal Injury Law Firm

for a Consultation for Your Accident or Medical Malpractice Claim

Call us at 800-662-1234
No Win, No Fee

The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.