The Industrial Commission is the administrative body that hears and adjudicates workers' compensation cases in North Carolina. These cases are tried only before the Commission, not in state district or superior courts. An employee who believes that he or she has been wrongly denied workers' compensation benefits may file a claim with the North Carolina Industrial Commission, and the parties will present evidence in a hearing before the Commission. Hearings typically take place at the county courthouse in the city or county where the injury occurred, and they are presided over by an Industrial Commission Deputy Commissioner. There are 20 Deputy Commissioners in North Carolina, and these Deputy Commissioners have authority similar to that of judges in state courts. They may administer oaths, compel witnesses to attend and testify at hearings, compel the production of evidence, enter orders and opinions, and hold parties in civil or criminal contempt for failing to comply with an order of the Commission. After the hearing, the Deputy Commissioner generally must file a written opinion within 180 days; any award of compensation will be filed along with the opinion. In this opinion, the Deputy Commissioner must make specific findings of fact based on the evidence presented, and the Deputy Commissioner may not ignore evidence presented by the parties.

An injured employee seeking compensation under the North Carolina Workers' Compensation Act generally must provide notice of the injury to his or her employer within 30 days of the incident. If the injured employee and the employer are unable to agree upon compensation within 14 days after the employer is notified, or if there are other issues in dispute, then either party may request a hearing before the Industrial Commission. Such a request must be in writing. (See Industrial Commission Forms section below - Form 33 is the request form). Upon receiving a hearing request, the NC Industrial Commission will set a hearing date and notify the parties, usually four to six weeks prior to the hearing date.

Qualified interpreters are made available at hearings to assist any party or witness who does not speak or understand the English language. Notice of the need for an interpreter must be provided to Industrial Commission at least 21 days prior to the date of the hearing, and the notice must specify the language to be interpreted. The employer (or employer's insurer) is responsible for retaining and paying for the interpreter, the choice of whom is subject to agreement of the parties or approval of the Commission.

Beginning in 1996, parties who file a request for hearing with the North Carolina Industrial Commission seeking compensation for a workers' compensation claim are automatically referred to mediation, so that the parties may attempt to settle the dispute without the need for a full hearing. Though there are some exclusions to the automatic mediation referral, the vast majority of cases must first go to a mediated settlement conference. The parties may choose the mediator, subject to the Commission's approval, or they may select from a list available on the Commission's website if they do not have a specific person in mind. Attorneys, mediators, or other people with experience in the workers' compensation field will usually qualify. Mediation conferences are held in the county where the case is pending, unless the parties and the mediator agree otherwise. Attendance by all parties is required, and a party or person who fails to attend may be subject to sanctions. The mediation conferences have a settlement rate above 70% and are an effective way for parties to resolve their dispute without going through the time and expense of a full hearing.

More information about the North Carolina Industrial Commission and about the hearing procedures is available from the Commission's website. Conveniently located in Chapel Hill, Everett Law Firm, P. A. serves Raleigh, Durham, Smithfield, Roxboro, Yanceyville, Graham, Burlington, Henderson, Oxford, Warrenton, Pittsboro, Siler City, and most areas in and around the Wake County area. For a FREE consultation with a lawyer at Everett Law Firm, P. A. call (919) 942-8002.