If they are denied necessary treatment for job-related injuries, workers in North Carolina may file a Motion to Compel Medical Treatment under North Carolina’s Industrial Commission’s Workers’ Compensation Rule 609(a)(1). For such motions, North Carolina’s Industrial Commission has adopted an Expedited Motions Procedure, which begins with an initial administrative review. The decision that results from that review may then be appealed to a Deputy Commissioner; under the expedited procedures, such appeals should generally be completed within 30 days. However, the Deputy Commissioner’s decision is itself subject to an appeal before the full Commission. Appeals before the full Commission should be completed within an additional 30-45 days.
Therefore, a worker whose claims for treatment or other medical-related requests are contested may face several months of proceedings before a final determination is made on the requests. Issues addressed through this process include the denial of requested treatments, the selection of a physician or a treatment provider, or a requested change of the provider of treatment.
If you have been injured while at work, or as a result of your work, you should contact an experienced North Carolina Workers’ Compensation attorney who can help shepherd your case through the various administrative and court hearings that may be required. An experienced attorney should help you determine the best and fastest way to get the medical treatment and disability payments that you need while recovering.
The attorneys at Lee & Smith are happy to provide a free consultation regarding your workers’ compensation case. Please contact us by phone or email.