If you work in an industry where you are frequently exposed to extremely loud noises, you may find that you subsequently develop hearing loss that prevents you from continuing to work. In these cases, you should be entitled to workers compensation benefits that can support you while you are out of work.
Unfortunately, we are seeing more and more hearing loss claims be denied by insurance companies, despite establishing that your hearing loss was directly caused by the conditions of your work environment. In cases like these, you should secure an experienced North Carolina workers comp lawyer who can help you beat your denied claim and retain the workers comp benefits you deserve for your hearing loss.
Requirements for North Carolina Workers Compensation Approval
To be approved for workers comp in NC, you need only demonstrate that your hearing loss was caused by the work you perform for your employer. Once you secure your approval, you will be able to begin collecting your weekly disability benefits, which amount to approximately 66 percent of your average weekly income.
You’ll also have your medical expenses covered by the insurer and be provided with opportunities for education or vocational training, since you’ll likely need to find gainful employment in another industry.
The insurance company is never going to be happy about paying out on a claim, as every claim they approve means that they are losing money. Sadly, this typically results in claimants who really need their benefits being forced to wait for the approval they’re rightfully entitled to.
Fighting a Denied Workman’s Comp Claim
When you receive a denial letter, that doesn’t mean this is the end of the road for your case. Generally speaking, we can work with the insurance adjuster to correct any problems there were in your initial claim so that you can be approved. This is not always the case, however. In many cases we will need to proceed with a formal appeal.
Your appeal will be filed with the North Carolina Industrial Commission, who will, in turn, review your case to ascertain your eligibility for workers comp. If your claim is still denied at this level, your workers comp lawyer will prepare to bring your case in front of an impartial administrative law judge.
Here, we will provide supporting medical documentation, witness statements, expert testimony, and other evidence that will demonstrate your need for workers comp benefits for hearing loss. Your employer and their insurance company will need to speak to their reasons for denying your claim, and the judge will then issue a verdict.
Claims that are denied at this level will have the opportunity to be heard in the North Carolina Court of Appeals or even the North Carolina Supreme Court, if necessary. You can expect your attorney to advise you accordingly as to what will be the best option in your case.
Consult with a North Carolina Workers Comp Lawyer
If you’re suffering from hearing loss and aren’t sure how to go about obtaining workers compensation benefits, get help from a North Carolina workers comp lawyer at Ricci Law Firm, P.A. as soon as possible. Give our office a call at (252) 777-2222 or complete the quick contact form below to schedule your free case review today.