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The Workers' Compensation Hearing Process

Appealing your North Carolina workers' comp claim

If your claim was denied, your benefits were terminated or you have otherwise been cheated or mistreated after a workplace injury, you have the right to a hearing before the North Carolina Industrial Commission. Represented by an experienced workers' compensation lawyer gives you the best chance of a favorable resolution.

At Greg Jones Law in Wilmington, North Carolina, you will get the compassionate support and skilled legal advocacy to stand up for your rights. Attorney Cameron Simmons is a board-certified specialist in workers' compensation law who has settled and litigated hundreds of cases. Contact us for a free consultation.

Your rights and the workers' compensation hearing process

You have the right to appeal any aspect of your claim to the Industrial Commission such as:

  • Denial of claims for technical reasons
  • Denial of claims as not work-related
  • Denial on the basis of pre-existing conditions
  • The right to see a medical specialist
  • Incorrect calculation of average pay and benefits
  • Denial of entitled benefits
  • Disputed permanent partial disability (PPD) rating
  • Termination of benefits
  • Return-to-work issues

The Industrial Commission encourages claimants, employers and workers' compensation carriers to resolve disputes through mediation. A third-party mediator facilitates the discussion. We can advise clients prior to mediations or review tentative settlements. If mediation does not result in a Memorandum of Settlement, the case proceeds to a hearing.

The workers' compensation hearing is a mini-trial presided over by a deputy commissioner, a judge who specializes in these cases. Our lawyer will prepare you for testimony and attend the hearing with you to assert your rights. Both sides then have 60 days to take depositions from medical or vocational experts, plus 30 more days to submit a written Proposed Opinion and Award. The deputy commissioner considers the hearing testimony and both parties' suggested resolution and then issues a ruling. An adverse ruling by a deputy commissioner can be appealed to the North Carolina Court of Appeals.

Wilmington NC workers' comp lawyers advocating for you

We work to resolve workers' comp claims in a timely fashion without the added stress of litigation. However, when employers or insurers are trampling your rights, Cameron Simmons and his support team at Greg Jones Law are prepared to take your case as far as necessary to get justice for you.

Contact us for a free initial consultation with our Wilmington NC pre-existing conditions lawyer. Serving Wilmington, Charlotte and surrounding North Carolina, we take cases on a contingency fee basis — no recovery, no attorney fee.

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North Carolina Office Locations

Wilmington Office
3015 Market St
Wilmington, NC 28403

Laurinburg Office
713 S Main St
Laurinburg, NC 28352

Shallotte Office
225 Smith Ave
Shallotte, NC 28470

Lumberton Office
4320 Fayetteville Rd
Lumberton, NC 28359

Elizabethtown Office
1107AA W Broad St
Elizabethtown, NC 28337

Jacksonville Office
607 New Bridge Street
Jacksonville, NC 28540

Whiteville Office
1501 Pinckney Street
Whiteville, NC 28472

Charlotte Office
525 North Tryon Street
Suite 1600
Charlotte, NC 28202

South Carolina Office Locations

Myrtle Beach Office
1110 London Street
Suite 201
Myrtle Beach, SC 29577

Florence Office
549 W. Evans Street
Suite B
Florence, SC 29501

Charleston Office
4000 S. Faber Place Dr
Suite 300
Charleston, SC 29405

Dillon Office
211 Martin Luther King Jr. Boulevard
Dillon, SC 29536

Columbia Office
1612 Marion Street
Columbia, SC 29201