Written by attorney Bobby L. Bollinger Jr.

Denied NC Work Comp Claim? Here Is What You Should Do:

If your NC Workers' Compensation Claim is denied, you do not have a lot of options. The insurance company that denied the claim is unlikely to change its position. Your only real hope is to find a good lawyer to represent you and fight the denial. Avoid giving the insurance adjuster a "recorded statement" before you discuss your case with a qualified lawyer. You should immediately gather up all the papers you have that pertain to the injury and claim, including anything you have received from the employer, insurance company and Industrial Commission. You should gather up all the papers you have from your treating doctors, especially work notes. You should gather your pre-injury and post-injury pay stubs for as large of a time period as you can, and get your last annual W-2 form. Once you have all these materials together, call a competent attorney for a free consultation. How do you find a "competent and qualified attorney" for a workers' compensation claim in North Carolina? It is actually easier than you may think, if you can use the internet. You do not need to be concerned about reading or watching a bunch of lawyer advertisements. All you really need to do is take a look at the "Specialist Directory" on the NC State Bar web site. Go to the section about Workers' Compensation, and every lawyer in NC who is certified by the State Bar as a Specialist in that area of the law is listed with contact information. This is your "go-to" list of expert lawyers who know how to handle denied workers' compensation cases in NC. A lawyer can only become a "certified specialist" if he or she can show at least five years of extensive experience in Workers' Compensation law, show that he or she has taken extra hours of Continuing Legal Education in that area of the law, and passed a Specialization Bar Exam on that area of the law. When I took the exam back in 2000 for my initial certification, it had 298 workers' comp questions on it and it took about 6 hours to complete. Only lawyers who successfully jump through all these hoops are certified as specialists, so that the public can be assured that these lawyers know this area of the law very well and have the deep knowledge and long experience to truly be a "specialist." As of June 2015, there are 120 NC lawyers certified as Specialists in Workers' Compensation law scattered around the state, and about 100 of them only represent workers. The rest represent the employers and insurance carriers. So look at that directory and find yourself a specialist in workers' compensation law, then contact that lawyer for a free initial consultation. That is the only way you have to truly protect your rights in a denied NC workers' compensation claim! And if you want a Specialist lawyer in the Charlotte area, contact me for a free consultation and a free written evaluation of your denied claim. I accept from clients from all over the State, and have represented injured workers on their NC Work Comp claims who live as far away as Montana and Pennsylvania. But call any Certified Specialist who represents workers. Any of us will give you a free consultation. You only have one case, so make sure it is handled correctly! Posted 2011, Updated and revised June 2015

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