Byron, GA asked in Workers' Compensation for North Carolina

Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

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1 Lawyer Answer
David Gantt
David Gantt
  • Workers' Compensation Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are usually referred for mediation which can be cancelled in some situations. Most mediators stress that even workers without lawyers are not compelled to settle at mediation, which are essentially voluntary settlement conferences. Settlements are generally honored absent exceptional circumstances. You could not set aside a settlement or Industrial Commission ruling based on the absence of a written claim denial. In your case, we would need to know if you settled case in mediation.

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