How Much Time Do North Carolina Employees Have to Object to an Employer’s Notice of Proposed Termination or Suspension of Workers’ Compensation Benefits?

In North Carolina, an Employer’s Notice of Proposed Termination or Suspension of Workers’ Compensation Benefits is a formal notice issued by an employer or insurance carrier to inform an injured employee that they intend to stop or reduce their current workers’ compensation benefits. This notice is typically issued when the employer or insurer believes the employee is no longer entitled to benefits.

Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. discuss why North Carolina employees might receive this notice and how long they must respond if they disagree.

Why Am I Receiving a Notice of Proposed Termination or Suspension of Workers’ Compensation Benefits

North Carolina employers or insurers file a Form 24, “Application to Terminate or Suspend Payment of Compensation,” with the North Carolina Industrial Commission (NCIC). The employee is also provided with a copy of this form.

The most common reasons for filing Form 24 include:

• Return to Work: The employee has returned to work at full duty or a modified duty that pays a wage equal to or greater than the pre-injury wage.
• Medical Improvement: The employee has reached maximum medical improvement (MMI) and is no longer considered to be temporarily totally disabled.
• Non-Compliance: The employee has failed to comply with medical treatment or vocational rehabilitation, which may justify the suspension of benefits.
• Dispute Over Entitlement: The employer or insurer disputes the employee’s continued entitlement to benefits based on new evidence or a change in circumstances.

How Long Does a North Carolina Employee Have to Respond to an Employer’s Notice of Proposed Termination or Suspension of Workers’ Compensation Benefits?

In North Carolina, employees have 17 days to object to an Employer’s Notice of Proposed Termination or Suspension of Workers’ Compensation Benefits.

During this 17-day window, the employee can file a written response with the NCIC to contest the proposed termination or suspension of benefits. The response should include any evidence or arguments supporting the employee’s position that benefits should not be terminated or suspended. If the employee does not respond within these 17 days, the NCIC may approve the employer’s request without a hearing, leading to the termination or suspension of benefits. Therefore, employees must act promptly if they wish to object to the proposed changes to their benefits.

The NCIC reviews Form 24 and the employee’s response and may schedule an informal telephonic hearing or decide the issue based on the written submissions.

The benefits can be terminated or suspended if the NCIC agrees with the employer. If the Commission finds in favor of the employee, the benefits will continue. If the employee disagrees with the decision, they can appeal it and request a formal hearing before the Industrial Commission.

Have You Received Notice That Your Workers’ Compensation Benefits May Be Suspended or Terminated?

Our dedicated Mecklenburg County workers’ compensation attorneys can be invaluable in helping you respond to a notice that your workers’ compensation benefits may be suspended or terminated by ensuring that your rights are fully protected as we present a solid case for the North Carolina Industrial Commission.

We can assist in gathering and submitting medical evidence, preparing a detailed response, and representing you in the hearing(s). By navigating the complex legal process and challenging the employer’s or insurer’s reasons for the proposed suspension or termination, we can help maximize the chances of continuing benefits and securing the compensation you deserve.

Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.

A Voice For The Injured.  Here Every Step of The Way.