North Carolina requires employers with more than three employees to carry
workers' compensation insurance. If you are injured on the job and your claim
for workers' compensation benefits is denied, you will need to attend a
hearing. A hearing is generally held within a few months after you report your
injury.
A workers' compensation hearing is an important time, as it can impact on
how much, if any, money you will receive for your injury. You may grow
frustrated with how long it takes to get to your hearing. The following are
some things you should know while waiting for the hearing.
While you should get a hearing within a few months, some factors can impact
on the exact timing. You could receive a hearing sooner than a few months, but
the process could possibly take longer.
The location in which your hearing is held can be one factor. Some locations
will take longer simply because they are busier and have more people cycling
through the system. Delays can occur in these busier locations, which will also
impact when you get your hearing.
You could also get your hearing sooner than you think. Your hearing could
come sooner if you are in an area with a smaller population. If cancellations
occur, your case can move forward in line.
You may receive an exception to the timing of your workers' compensation
hearing. For instance, some vocations offer vocational rehabilitation programs.
Once you file the proper forms, the Workers' Compensation Commission can
mediate directly with your employer to settle your claim in a very short time.
An additional benefit to vocational rehabilitation is the entire process can
take place over the telephone. If you cannot come to an agreement through this
process, you will then have to move forward with a traditional workers'
compensation hearing.
In some cases, you may also receive an emergency hearing, which moves you to
the front of the line. Emergency hearings happen only when you can prove you
have a dire need in which a delay in receiving your benefits will have a severe
impact on your life.
Expedited emergency hearings are considered in very few special
circumstances. If you are simply tired of waiting and want to receive your
money more quickly, you are not eligible for an emergency hearing.
To request an emergency hearing, you have to provide a written request
providing the facts regarding your need for a hearing on the basis of need. You
have to have a bona fide health, safety, or welfare need. You also need to
attach any documentation supporting your need.
For instance, if you are in dire need of major surgery to restore your
mobilization and your employer denied your initial workers' compensation, you
may qualify for an emergency hearing to prevent an excessive amount of time
waiting for a surgery that you have a bona fide need for.
Once the judge reviews the claim, he or she may approve or deny the request
for an emergency hearing.
Injuries at work are frustrating, but even more frustrating is waiting for a
workers' compensation hearing to determine if you will ever receive
compensation for your injuries. If you feel like you are not properly cared for
by your employer, you need to contact a workers' compensation attorney as soon
as possible to help you.
If you need assistance with your claim, please contact us at The Law Offices of James
B. Gillespie, Jr., PLLC
. We look forward to assisting you with your
Workers' Compensation claim.
