Workers' comp claim denied in North Carolina: what to do next

If the carrier denies your claim, you can call the Commission's Information Specialists (free; they explain procedures and forms but cannot give legal advice).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in North Carolina

Who decides

North Carolina Industrial Commission: a deputy commissioner holds the hearing; the Full Commission reviews appeals

First step

If the carrier denies your claim, you can call the Commission's Information Specialists (free; they explain procedures and forms but cannot give legal advice). To ask for a hearing, file Form 33, Request that Claim be Assigned for Hearing, with the Commission.

Form

Form 33 Request that Claim be Assigned for Hearing

Deadline

Your claim itself must be filed within 2 years after the accident. A deputy commissioner's award becomes final unless review by the Full Commission is requested within 15 days from notice of the award.

Medical disagreements

If you are unhappy with your medical care or a medical decision, you can file a medical motion with the Commission's Executive Secretary; the Commission must decide it within 30 days, and either side can then ask for an expedited hearing. You can also ask for a second-opinion exam (in writing to the employer first). If your doctor gives you a permanent impairment rating, you are entitled to one second opinion on the rating from a doctor of your choice, paid by the employer or carrier. If the carrier asks the Commission to stop your checks, you can respond within 17 days.

Source: Form 24

Appealing the decision

Application for Review to the Full Commission within 15 days of notice of the award; then an appeal to the North Carolina Court of Appeals within 30 days of the Full Commission's award.

Source: Form 44

Make sure your Form 18 claim is on file with the Industrial Commission.
File Form 33 to ask for a hearing before a deputy commissioner.
Your case may be sent to a mediated settlement conference before the hearing.
A deputy commissioner holds the hearing and issues a decision (an award).
If you disagree, ask the Full Commission to review it within 15 days of notice of the award.
After the Full Commission, an appeal on questions of law can go to the North Carolina Court of Appeals within 30 days.

Law: N.C. Gen. Stat. §§ 97-18(c), 97-25, 97-83, 97-84, 97-85, 97-86

Source: ic.nc.gov

Sources

The official sources for North Carolina are listed on the North Carolina page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org