If you’ve received Form 61 from your employer or their insurance carrier, your workers’ compensation claim has been denied. But a denial is not the end of your case — you have the right to challenge it. This guide tells you who to contact, how to appeal, and what steps to take to protect your rights.
How to Contact the N.C. Industrial Commission
If you disagree with the denial of your claim, the Industrial Commission is your first resource for guidance and next steps.
| Contact Method | Details |
|---|---|
| Helpline (Toll-Free) | (800) 688-8349 |
| Claims Administration | (919) 807-2502 |
| Website | ic.nc.gov |
| Electronic Filing Portal | ic.nc.gov/docfiling.html |
| Address | N.C. Industrial Commission, 433 N. Salisbury Street, Raleigh, NC 27603 |
What the Industrial Commission Can Help With
- Understanding your Form 61 denial
- How to request a hearing by filing Form 33
- Your rights as an injured worker
- Filing requirements and deadlines
- Mediation and hearing procedures
- Connecting you with resources
What Is Form 61 and What Does It Mean?
Form 61 is the Denial of Workers’ Compensation Claim, filed under G.S. § 97-18(c) and G.S. § 97-18(d). It is sent by your employer or their insurance carrier to inform you that your claim for a work-related injury, occupational disease, or death has been denied.
| Detail | Information |
|---|---|
| Form Name | Denial of Workers’ Compensation Claim |
| Legal Authority | G.S. § 97-18(c) and G.S. § 97-18(d) |
| Filed By | Employer or Insurance Carrier |
| What It Means | Your claim for workers’ compensation benefits has been denied |
| Does It End Your Case? | No — you have the right to appeal |
What Form 61 Must Include
The employer or carrier is required to provide a detailed statement of the grounds for denying your claim. Common reasons include:
| Reason | Example |
|---|---|
| Not a work-related injury | Claim that the injury did not occur at work or during employment |
| No injury by accident | Claim that the event doesn’t meet the legal definition of an “accident” |
| Pre-existing condition | Claim that the condition existed before employment |
| Late notice | Claim that you didn’t report the injury within required timeframes |
| Not an employee | Claim that you were an independent contractor, not an employee |
| No disability | Claim that you are not disabled or have no lost time |
Important: Failure by the employer/carrier to specify a particular ground for denial may preclude them from asserting certain defenses at a later date under G.S. § 97-18(f). This is a significant protection for employees.
What to Do Immediately After Receiving Form 61
Step 1: Read the Denial Carefully
- Identify the specific reasons given for the denial
- Note the date of the denial (important for deadlines)
- Check that your personal information is correct
- Review the IC File # for your records
Step 2: Contact the NCIC Helpline
Call (800) 688-8349 to:
- Understand the reasons for your denial
- Learn about your right to request a hearing
- Get guidance on filing Form 33
- Ask about deadlines
Step 3: Consult a Workers’ Compensation Attorney
A denial often requires legal expertise. Contact an attorney who specializes in workers’ compensation:
| Resource | Contact |
|---|---|
| NC Bar Association Lawyer Referral | ncbar.org |
| Legal Aid of North Carolina | legalaidnc.org |
| NCIC Helpline | (800) 688-8349 — can provide resource referrals |
Step 4: Gather Evidence
Start collecting documentation to support your claim:
- Medical records related to your injury
- Witness statements
- Incident reports
- Photos of the injury or accident scene
- Pay stubs showing lost wages
- Correspondence with your employer
Step 5: File Form 33 to Request a Hearing
If you disagree with the denial, you are entitled to request a hearing by submitting Form 33 (Request for Hearing).
How to File Form 33: Request for Hearing
Form 33 is how you formally challenge the denial and request a hearing before the Industrial Commission.
How to Obtain Form 33
| Method | Details |
|---|---|
| Download | ic.nc.gov — search “Form 33” |
| Request by Phone | Call the NCIC Helpline at (800) 688-8349 |
| Through Your Attorney | Your attorney can obtain and file it on your behalf |
How to File Form 33
| Method | Details |
|---|---|
| Electronic Filing (Attorneys) | ic.nc.gov/docfiling.html |
| NCIC – Executive Secretary, 1236 Mail Service Center, Raleigh, NC 27699-1236 | |
| Phone Assistance | (800) 688-8349 |
Key Deadline
You generally have 2 years from the date of the last payment of compensation (medical or indemnity) or from the date of the injury to file Form 33. Deadlines can vary — contact the NCIC Helpline or an attorney to confirm the deadline that applies to your case.
How to Contact Your Employer or Insurance Carrier
Your employer and their insurance carrier are listed on Form 61. You or your attorney may need to contact them:
| Contact | Where to Find It |
|---|---|
| Employer’s Name & Address | Listed on Form 61 |
| Insurance Carrier Name & Address | Listed on Form 61 |
| Carrier Telephone | Listed on Form 61 |
| Carrier Email | Listed on Form 61 |
| Policy Number | Listed on Form 61 |
| Adjuster’s Name & Email | Listed on Form 61 |
Who Received a Copy of Form 61
By law, the employer/carrier must send a copy of Form 61 to:
| Recipient | Why |
|---|---|
| You (the employee) | To inform you of the denial |
| Your attorney of record | If you have legal representation |
| All known healthcare providers | Who have submitted bills to the employer/carrier |
| The Industrial Commission | Original filed with the NCIC |
How to Contact Your Healthcare Providers
After receiving Form 61, it’s important to stay in touch with your doctors:
| Action | Why |
|---|---|
| Inform your doctors | Let them know your claim was denied |
| Ask about payment | Discuss how medical bills will be handled while your claim is disputed |
| Request medical records | You’ll need these as evidence for your hearing |
| Continue treatment | Don’t stop treatment — gaps can weaken your case |
| Get detailed records | Ask for records that specifically relate your condition to your work injury |
The Appeals Process: What to Expect
| Step | What Happens |
|---|---|
| 1. Receive Form 61 | Your claim is denied — review the reasons carefully |
| 2. File Form 33 | Request a hearing with the Industrial Commission |
| 3. Mediation | Most cases go to mandatory mediation before a hearing |
| 4. Discovery | Both sides exchange evidence and information |
| 5. Depositions | Witnesses and doctors may give sworn testimony |
| 6. Hearing | A Deputy Commissioner hears evidence from both sides |
| 7. Decision | The Deputy Commissioner issues a written Opinion and Award |
| 8. Appeal (if needed) | Either party can appeal to the Full Commission, then to the NC Court of Appeals |
How to Contact Legal Help
A workers’ compensation attorney can significantly improve your chances of overturning a denial:
| Resource | Contact |
|---|---|
| NC Bar Association Lawyer Referral Service | ncbar.org |
| Legal Aid of North Carolina | legalaidnc.org — free legal help for qualifying individuals |
| NC Advocates for Justice | ncadvocatesforjustice.org — trial lawyers association |
| NCIC Helpline | (800) 688-8349 — can refer you to resources |
Why an Attorney Matters After a Denial
- They understand the legal grounds for denial and how to challenge them
- They can gather and present medical evidence effectively
- They represent you at mediation and hearings
- They know the deadlines and procedural requirements
- Most workers’ compensation attorneys work on contingency (no fee unless you win)
Understanding Your Rights After a Denial
| Right | Details |
|---|---|
| Right to a Hearing | You are entitled to request a hearing by filing Form 33 |
| Right to Legal Representation | You may hire an attorney at any stage |
| Right to Medical Evidence | You can obtain and present medical records supporting your claim |
| Right to Mediation | Most cases are mediated before a hearing |
| Right to Appeal | If you lose at the Deputy Commissioner level, you can appeal to the Full Commission |
| Protection Against Incomplete Denials | Employer/carrier failure to specify grounds may preclude later defenses (G.S. § 97-18(f)) |
Quick Reference: All Contact Information
| Who to Contact | How | When |
|---|---|---|
| NCIC Helpline | (800) 688-8349 | Questions about denial, filing Form 33, deadlines |
| NCIC Claims Administration | (919) 807-2502 | Claims-specific inquiries |
| NCIC Website | ic.nc.gov | Forms, rules, resources |
| Electronic Filing Portal | ic.nc.gov/docfiling.html | Attorney/carrier filings |
| Your Employer | Address on Form 61 | Questions about the denial |
| Insurance Carrier/Adjuster | Phone/email on Form 61 | Claim status, settlement discussions |
| Your Healthcare Providers | Your doctor’s offices | Medical records, continued treatment |
| Workers’ Comp Attorney | ncbar.org or legalaidnc.org | Legal representation |
Frequently Asked Questions
Q: Does receiving Form 61 mean my case is over?
A: No. You have the right to challenge the denial by filing Form 33 to request a hearing before the Industrial Commission.
Q: How long do I have to file Form 33?
A: Generally, you have 2 years from the date of the last payment of compensation or from the date of injury. Contact the NCIC Helpline at (800) 688-8349 to confirm your specific deadline.
Q: Do I need an attorney to appeal a denial?
A: You are not required to have an attorney, but having one significantly improves your chances of success. Most workers’ compensation attorneys work on contingency — you pay nothing unless you win.
Q: What if the denial doesn’t give specific reasons?
A: Under G.S. § 97-18(f), the employer/carrier’s failure to specify a particular ground for denial may preclude them from asserting that defense later. This can work in your favor at a hearing.
Q: Will my medical bills be paid while my claim is denied?
A: Generally, no — the employer/carrier is not required to pay medical bills while a claim is denied. However, if you win at the hearing, retroactive benefits may be awarded. Discuss payment options with your healthcare providers.
Q: What is mediation and is it required?
A: Mediation is a process where a neutral mediator helps both sides try to reach a settlement. Most workers’ compensation cases require mandatory mediation before a hearing.
Q: Can I continue seeing my doctor while my claim is denied?
A: Yes, you should continue treatment. However, you may be responsible for the bills until your claim is resolved. Talk to your doctor about payment arrangements.
Q: What if I lose at the hearing?
A: You can appeal the Deputy Commissioner’s decision to the Full Commission, and from there to the NC Court of Appeals if necessary.
Important Reminders
- A denial is NOT the end of your case — you have the right to file Form 33 and request a hearing.
- Call the NCIC Helpline at (800) 688-8349 immediately after receiving Form 61 for guidance.
- Consult a workers’ compensation attorney — most work on contingency (no fee unless you win).
- File Form 33 before the deadline — generally 2 years, but confirm with the NCIC or an attorney.
- Don’t stop medical treatment — gaps in treatment can weaken your case.
- Keep all medical records — you’ll need them as evidence at your hearing.
- Read the denial carefully — the specific grounds for denial determine how you challenge it.
- The employer/carrier must give detailed reasons — vague denials may work in your favor under G.S. § 97-18(f).
- Copies were sent to your doctors — all healthcare providers who submitted bills should have received notice.
- Mediation is usually required — be prepared to negotiate before your hearing.
This guide is based on N.C. Industrial Commission Form 61 (revision 07/2026). For the most current forms, rules, and information, visit ic.nc.gov or call the NCIC Helpline at (800) 688-8349.
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