What Happens at a Workers’ Compensation Hearing in North Carolina?

For many injured workers in North Carolina, the workers’ compensation claims process can feel overwhelming, especially if your case goes to a hearing before the North Carolina Industrial Commission (NCIC). If your claim is denied or disputed, a hearing is often necessary to resolve the matter and ensure you receive the benefits you deserve.

At Ramsay Law Firm, our Charlotte workers’ compensation attorneys understand how intimidating this process can be, and we’re here to guide you every step of the way. Here, we’ll explain what to expect at a workers’ compensation hearing in North Carolina and how we can help you prepare for success.

Why a Workers’ Compensation Hearing May Be Necessary

A hearing typically becomes necessary when there’s a dispute in your workers’ compensation claim.

Common reasons for disputes include:

• Claim Denial: Your employer or insurance company denies your injury is work-related.
• Disagreement Over Benefits: Disputes about the type or amount of benefits you’re entitled to, such as wage replacement or medical treatment.
• Dispute Over Maximum Medical Improvement (MMI): Conflicts regarding whether you’ve reached MMI and what your level of disability is.
• Disagreements Over Conditions or Injuries: Disputes about what medical diagnosis are related to the original injury.

If these issues cannot be resolved through negotiations or mediation, the next step is a hearing before a Deputy Commissioner at the NCIC.

Preparing for Your North Carolina Workers’ Compensation Hearing

Preparation is critical to a successful workers’ compensation hearing.

At Ramsay Law Firm, we help clients by:

• Gathering Evidence: This includes medical records, witness statements, and workplace injury and treatment documentation.
• Securing Expert Testimony: We may work with medical or vocational experts to provide testimony supporting your case.
• Developing a Legal Strategy: We build a compelling argument tailored to the specifics of your claim, addressing any disputes raised by your employer or their insurer.

Preparation is the foundation of a successful workers’ compensation hearing, and at Ramsay Law Firm, we excel at getting our clients ready for this critical step. From gathering compelling evidence to crafting a solid legal strategy, our experienced attorneys leave no detail overlooked.

Don’t go alone if you’re facing a workers’ compensation hearing. Let our North Carolina workers’ compensation attorneys handle the complexities so you can focus on recovery. Contact us today for a free consultation and discover how our preparation and dedication can make all the difference in your case.

What to Expect During a North Carolina Workers’ Compensation Hearing

A workers’ compensation hearing in North Carolina is less formal than a courtroom trial but still follows a structured process.

Here’s what you can expect:

Opening Statements

Some Deputy Commissions allow opening statements where both sides—the injured worker (you) and the employer/insurance company—will have the opportunity to present an opening statement summarizing their arguments.

Presentation of Evidence

Each side will present evidence to support their position.

This may include:

• Testimony from you about how the injury occurred and its impact on your life.
• Testimony from medical professionals about your diagnosis, treatment, and prognosis.
• Testimony from co-workers, supervisors, or other witnesses.
• Testimony from family or friends showing how the injury has changed your ability to work.

Cross-Examination

Each party can question witnesses or challenge evidence presented by the other side.

At the end of the hearing, the Deputy Commissioner will set a time period to complete physician testimony via deposition. The attorneys take the doctor’s testimony or sworn statement before a court reporter.

Written Briefs

After the hearing and any doctor’s depositions are completed, each side prepares contentions or written arguments about how the evidence proves their case. The attorneys also prepare a proposed opinion and award for the Deputy Commissioner. The contentions are often long and very detailed, requiring citations to the specific page in the evidence.

Decision by the Deputy Commissioner

After reviewing the evidence and contentions, the Deputy Commissioner will issue a written decision. The Deputy Commissioner has six months after the hearing to issue the decision and outlines whether you are entitled to benefits and, if so, what type and amount.

What Happens After a North Carolina Workers’ Compensation Hearing?

If the Deputy Commissioner’s decision is favorable, you’ll may begin receiving the benefits you’re entitled to under North Carolina law. However, if the decision is not in your favor, you have the right to appeal to the Full Commission. The defendants also have the right to appeal the decision to the Full Commission.

The appeals process can be complex, but our team at Ramsay Law Firm is experienced in navigating these challenges. We’ll evaluate the decision, advise you on the next steps, and fight tirelessly to protect your rights.

If you’re facing a workers’ compensation hearing in North Carolina, preparation and experienced legal representation are critical. At Ramsay Law Firm, we have the knowledge and dedication to guide you through every step of the process, from gathering evidence to presenting a solid case before the NCIC. Call 704-376-1616 or contact us online.

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