When a worker gets injured or cannot work because of an occupational illness, the workers’ compensation process often happens smoothly. In certain cases, disputes can arise as to several issues. When there are disputes which cannot be resolved, a deputy commissioner of the North Carolina Industrial Commission holds a hearing.
Although the hearing is not a jury trial or presided over by a judge, you must take this hearing very seriously as it determines whether or not you get the benefits you are entitled to. Working with a skilled Raleigh work injury lawyer can significantly improve your chances of obtaining a successful result at your hearing. Find out more here.
Mandatory Mediation
When you file Form 33, the hearing process begins. Mediation follows, where a neutral mediator helps settle disputes between you and your workers’ comp insurance company. You can bring a work injury lawyer to mediation. If mediation fails, you proceed to a hearing. Taking mediation seriously is essential as it’s your chance to prove your claim’s validity and speed up benefits. Understanding why your claim was denied is crucial. A workers’ compensation attorney can guide you through mediation, ensuring your interests are protected and working toward a fair resolution.
Scheduling The Hearing
If your claim is not resolved at mediation, your dispute will again be scheduled for a hearing. On average, you will receive the hearing date anywhere between two and three months after the mediation.
The time leading to your hearing needs one intense preparation. Both sides must submit a list to the deputy commission that includes the following things –
- Who you intend to testify at the hearing
- What documents and evidence do you intend to introduce that will support your position
- Who do you intend to depose post-hearing
Leaving essential items off your evidence list can cause problems. Ensure you include all the necessary documents and witness statements to support your case. Review everything carefully beforehand to avoid any confusion or missing details. This will help make your case stronger and more likely to succeed.
Preparing for the hearing can be daunting, but you can get the best legal assistance from an experienced Raleigh work injury lawyer.
They will know what evidence you will need, how to get it, and what to do to ensure your claim is as strong as possible.
You May Be Asked to Testify
You should know beforehand that you may be expected to testify under oath at the hearing. For so many claimants, this can be nerve-wracking. You will probably only have to testify as to what caused your injury and how it affects your ability to work. However, for the insurance company, you will be subject to cross-examination by counsel.
Another obvious reason to consider working with a reputed Raleigh work injury lawyer is that they can prepare you well for your testimony and help you anticipate the sure-shot questions from the opposing party. Alternatively, they will find a way to prove your case without your testimony. They will know how to maximize your chances of a beneficial outcome.
The Hearing
The hearing before the deputy commissioner of North Carolina is a formal, quasi-judicial process. It generally follows a similar pattern, such as
- Both parties will get the opportunity to make an opening statement that briefs their position.
- You, as the claimant, can put on your case. You will submit the evidence to support your claim and call your witnesses. As the respondent, the insurance company will have the opportunity to challenge your evidence and cross-examine your witnesses.
- Once you have introduced all of your evidence and called all your witnesses, the respondent can put on their case. You will be able to challenge their evidence and cross-examine their witnesses.
- Both parties can make a closing statement once the insurance company’s case is complete.
The deputy commissioner does not render a decision at the hearing. Instead, they carefully review the entire hearing record, including testimonials, other evidence, and any depositions after the hearing. Once the review is done, they will issue a written decision, which may be issued only a few weeks after the hearing. If you are still waiting for the expected result, the next step is to request a hearing before the full commission.
The Bottom Line
At the legal firm of Laura S. Jenkins, we help injured workers get the benefits they need. Contact us today by calling (919) 846-7766 to schedule a free consultation with a skilled Raleigh work injury lawyer who knows how to get results.
