Ganly & Ramer, P.L.L.C.
Free Consultation: 828-348-6957
View Blog Navigation

Uncooperative employers in workers' compensation cases

An injury on the job can be frustrating for a worker in North Carolina, and it may become even more frustrating if an employer seems intent on being uncooperative in the case. An employee's concerns may arise even before there is an actual injury to report, especially if there is an awareness that an employer lacks appropriate workers' compensation or alternative self-insurance. In such cases, the issue should be brought to the attention of the North Carolina Industrial Commission through the filing of applicable forms. The commission may also provide information about employer carriers through a search system.

In some cases, an employer might refuse to report an on-the-job injury. If this occurs, the employee has up to two years from the date of an accident to file the appropriate form with the commission. If the situation is urgent, requiring emergency medical care that the employer refuses to provide, an injured employee may seek the necessary care from a provider of his or her own choosing. As soon as possible, approval must be obtained from the commission.

If an employer refuses to acknowledge an employee's claim, the reason for denial must be provided on the appropriate form, listing specific details. This is different than a case in which an insurer denies a claim, in which case an employee can request a hearing on the matter. An individual who is meeting with resistance in connection with a serious workplace injury and related coverage might choose to enlist the help of a lawyer to pursue action by the commission and the employer.

It may be helpful to contact a lawyer early during the process of seeking treatment for a work accident. The lawyer may provide direction for dealing with the commission in connection with any refusals by the employer to cover the needed medical care.

Source: North Carolina Industrial Commission, "Frequently Asked Questions (FAQs)", October 27, 2014

No Comments

Leave a comment
Comment Information
  • Awards & Professional Memberships:
  • Super Lawyers
  • Distinguished AV LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards and Legal Ability
  • Million Dollar Advocates Forum
  • The Best Lawyers in America
  • Avvo Clients Choice