Parker & Frey PLLC
Free Consultation 910-591-2551 Email

What to do when your employer denies your workers' comp claim

Many employers will want to get out of paying an employee's medical bills in a workers' comp case. This matter becomes even more complicated in North Carolina where lawmakers recently shifted the burden of proof to fall more on the employee's side than the employer's. 

There are many reasons why an employer will deny a workers' comp claim. Some of the most common include believing the employee did not experience a serious injury or seeing the employee not having to take time off work to recover. There are numerous other reasons why your claim received a denial, but the most important thing for you to do right away is to contact your employer's workers' comp insurance provider. You may also need to get in touch with an experienced attorney if the matter seems more complicated than you anticipated. 


You need to figure out why your employer denied the claim in the first place. Your employer should submit this information in a formal letter, and this document should also contain information about the timeline for filing an appeal. Most of the time, you will have 30 days from receiving the letter to file the petition. However, you should speak with your employer first. There have been cases where an employee received a denial due to a clerical error, so sometimes it is possible to resolve the issue without getting an attorney involved. 

Go through mandatory mediation

In North Carolina, you need to submit Form 33 to both the insurer and employer. In addition to this document, you need to send a description of the injury you sustained, a list of all witnesses to the injury and the specific benefits you requested. Once the court receives everything, all parties involved will go through mandatory mediation, which involves everyone sitting down with an impartial third party. This is a time for both sides to submit evidence. If the parties cannot reach a resolution at this meeting, then they will advance to a formal hearing. 

No Comments

Leave a comment
Comment Information
  • AV | Peer Review Rated
  • North carolina | Advocates for justice
  • North carolina | Bar Association
  • BBB Accredited Business
  • Board Certified Specialist North Carolina Bar
Email Us For A Response

Get A Free, No-Risk Consultation

Contact our North Carolina law firm by email or at 910-591-2551 to schedule a free consultation with a Fayetteville or Dunn attorney for worker's compensation, personal injury or Social Security Disability. We only get paid if you choose to retain us and we successfully recover compensation for you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Parker & Frey PLLC
600 West Cumberland Street
Dunn, NC 28334

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Dunn Law Office Map

Fayetteville Office
2919 Breezewood Ave
Suite 200B
Fayetteville, NC 28303

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Fayetteville Law Office Map

Clinton Office
110 E Main St.
Suite 101
Clinton, NC 28328

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Map & Directions