If you’re hurt at work in North Carolina and you and your employer disagree about an important part of your workers’ comp case, you can ask for a hearing. To do this, you must fill out and submit a Form 33 – Request for Hearing. Be aware, the process isn’t fast. Here’s an easy-to-follow overview of what happens and how long it might take.
First, after you file your hearing request, the North Carolina Industrial Commission will require you and your employer to try mediation. This is a meeting where both sides work with a neutral person (the mediator) to try to settle the case. Usually, mediation occurs about three or four months after you request a hearing. The good news? In most cases—about 70%—settlement occurs during mediation.
What If You Don’t Settle?
If you don’t reach an agreement at mediation, your case will be scheduled for a hearing before a deputy commissioner (kind of like a judge, but without a jury). This usually happens about three months after mediation. The hearing is similar to a trial, in which both sides can present evidence and call witnesses. After the hearing, each side has 60 days to interview (by a deposition) any expert witnesses, like doctors, whose opinions matter for your case. The judge won’t make a decision right away at the hearing—it comes later, after all the information is in.
Once those expert depositions are complete, both sides have 30 days to draft and submit their arguments; these are called “contentions.” Basically, each side explains why the law and evidence support their position. After that, you wait while the deputy commissioner reviews everything and makes a decision, known as an “opinion and award.” This decision usually comes within 6 months of the filing of written arguments.
So, if your case doesn’t settle at mediation, it might take a year or even longer from the time you first ask for a hearing to get a decision. And if someone appeals the decision, the process can stretch out even more—sometimes another year or so.
What To Expect
It’s important to know what to expect if you’re an injured worker thinking about a hearing. A workers’ comp lawyer can look at your case and help you find the best way to move forward, possibly even avoid a hearing if there’s a faster solution. If you do need a hearing, an experienced attorney can guide you every step of the way. The Law Offices of Bradley H. Smith has been helping injured workers in North Carolina for over 20 years—before, during, and after the hearing process.