Legal Question in Workers Comp in North Carolina
Workmans Comp
How long must I wait for workmans comp to tell me whether or not that they will accept or deny my claim? I was injured at work 30 days ago. I called workmans comp and asked which medical office I could go to since the one my employer had listed isn't acceptable to me. I was told to go to any urgent care provider. I went. The doctor there told me I needed more care than they could provide and sent me to my own orthopedic doctor. I am in severe pain. Workmans comp contacted me for the first time two weeks later and told me that they may deny my claim as a previous injury - that was our first contact. I filled out the form they sent me for access to my medical records and now it has been over 30 days and I have yet to receive an answer. My orthopedic doctor says that I need a special type of imaging since it seems I may have a ruptured disc. I am in pain and have heard nothing and have not received any medical treatment since my initial pain pills and prednisone. I can't work nor can I even clean my house. I cannot lift anything and even walking is painful. Do they have a time limit to make their determination.
2 Answers from Attorneys
Re: Workmans Comp
Yes. You need to speak with an experienced wc atty quickly. At the very least, you need to go to the NC Industrial Commission website to get a Bulletin and file Form 18 and Form 33. Tell the insurance company you will be happy to withdraw the Form 33 Request for Hearing if they will start paying you and medicals (at least temporarily on Form 63).
You can access the NC Industrial Commission website from our site at ncworkcomp.com. Best of luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Re: Workmans Comp
General Statute Section 97-18(j) allows the Industrial Commission to sanction the carrier if they fail to admit or deny a claim within 30 days following notice from the Commission of the filing of a claim. GS 97-22 requires you to give WRITTEN notice to the employer of your claim, etc. Thus, telling the employer and carrier is not enough. You should file a Form 18 claim with the Commission, employer and carrier ASAP. Forms filed by the employer and carrier are NOT a claim. This trap was enacted by your politicians.
Go to www.ncworkcomp.com, click on "links," select the Industrial Commission web site and click on "forms" to get Form 18. If your claim is denied, get an attorney right away. Good luck!
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