Common Workers’ Compensation Delay Tactics in NC

When seeking workers’ compensation benefits, it’s important to know that insurance companies are out to protect their profits, not help you receive the financial support you deserve. They may use various delay tactics to slow down your claim, hoping you’ll give up or accept less than you deserve. In the meantime, you may be struggling to pay your bills or even get the medical treatment you need.

Protecting your rights and receiving your benefits requires understanding the most common workers’ comp delay tactics, how to spot them, and the legal help you have available.

The 5 Most Common Workers’ Comp Delay Tactics in North Carolina

Insurance companies are highly skilled at delaying workers’ compensation claims, and they may employ several tactics to do it. Here are the five most common among them:

1. Requesting Excessive Documentation

Workers’ compensation adjusters often ask repeatedly for detailed medical records, accident reports, or statements about your workplace injury. While some documentation is necessary, repeated or unnecessary requests can stall the process – which is typically their goal. This tactic can frustrate claimants and make it seem like their case is incomplete.

2. Slow Communication

Delaying responses to phone calls, emails, or requests for updates can create growing frustration and cause some injured workers to stop pursuing their claim. Sometimes, claimants wait weeks or months for simple answers about coverage, treatment approval, or payments.

3. Delays in Medical Approvals

Insurance companies may delay authorization for necessary medical treatment, including specialist visits, diagnostic tests, or other procedures such as surgery or physical therapy sessions. Not only does this stall the process of receiving workers’ comp benefits, but it can also worsen the claimant’s condition and prolong recovery.

4. Unnecessary Independent Medical Examinations (IMEs)

Some insurers require you to see multiple doctors, even for minor injuries or after you’ve already been examined. Each new evaluation can delay treatment approval and compensation, adding stress and frustration to your recovery process.

5. Disputing or Minimizing Your Claim

Insurers may attempt to downplay your injury or dispute your claim to trigger lengthy investigations, requests for additional documentation, or repeated medical evaluations. This tactic can slow payments and pressure you into settling for less than you deserve.

Why Insurance Companies Deliberately Delay Workers’ Comp Claims

A delayed workers’ comp claim provides several benefits to insurance companies, including:

• Cost savings – The longer a claim is delayed, the longer the insurer avoids paying you the benefits you deserve. Slowing the process can also save them money by frustrating the injured worker into accepting a lower settlement.
• Pressure tactics – Significant delays can be stressful and cause the injured worker to feel hopeless. The pressure of overwhelming bills and time off work without any compensation can lead them to accept far lower settlements than they may otherwise recover.
• Information gathering – Insurers may employ workers’ comp delay tactics to buy time to gather more evidence and investigate more thoroughly so they can try to find a way to deny the claim.
• Reducing future liability – One delayed workers’ comp claim may send a message to other injured employees that receiving the benefits they’re owed is too stressful and difficult, weakening their will to fight for a fair settlement.

Frequently Asked Questions About North Carolina Workers’ Comp Delays

Here are some of the most common questions our attorneys are asked regarding workers’ comp delays:

How long should my workers’ comp claim actually take in NC?

Claims vary, but you should receive an initial response within 14 days. Extended holdups may indicate insurance company delay tactics. A case involving disputes or appeals can take several months to over a year to resolve, especially without legal representation.

Can I do anything if my adjuster won’t return my calls?

Document your attempts to contact them and consider contacting a workers’ comp attorney if the delays continue. Legal action or formal complaints can place pressure on insurers to respond.

Why do they keep asking for the same medical records?

Repeated requests for records you’ve already submitted are often a delay tactic. They may be trying to stall your case or look for a way to deny it. Don’t continually fulfill their requests without consulting an attorney.

Is it normal for insurers to hire investigators to follow me?

Insurers sometimes hire investigators for serious claims. However, excessive surveillance may be a tactic to intimidate or delay.

Can they force me to see multiple company doctors?

Insurers can require IMEs, but repeated or unnecessary exams may be a delay tactic. An experienced workers’ compensation lawyer can prevent exploitation or delays in treatment.

What if I can’t afford to wait months for my claim?

Your lawyer can help ensure your claim is filed correctly with the required evidence to support it to avoid unnecessary delays. If you need treatment sooner, your attorney can pursue legal options, including filing medical motions and requesting expedited hearings. They can also pressure the insurer to honor timely payments and prevent further financial strain.

Red Flags: How to Spot When Delays Are Deliberate Tactics

It’s important to note that not all delays are insurance company tactics. Sometimes, administrative procedures and backlogs can hold up your claim. However, if you notice any of these red flags, it may indicate intentional delays on your claim:

• Repeated requests for the same information
• Long periods without communication despite multiple follow-ups
• Unnecessary or repeated medical exams with company-selected doctors
• Frequent claim disputes without explanation
• Pressure to settle for less than your medical costs or lost wages

If you notice any of these deliberate stalling tactics, consulting an experienced workers’ compensation attorney can help prevent prolonged financial and emotional stress. Your attorney can send formal letters and motions that require the insurance adjuster to respond, challenge unnecessary requests, and ask for a hearing before the North Carolina Industrial Commission to decide disputed issues.

Stop Workers’ Comp Delay Tactics. Take Action Now

Insurance companies will fight to minimize your workers’ comp benefits, but Hardison & Cochran | Injury & Workers Comp Lawyers has the knowledge and experience to fight back. We’ve proudly protected the rights of hardworking North Carolina residents for over 40 years and have extensive experience navigating workers’ compensation claims.

Although each case is different and past results cannot guarantee future outcomes, we’ve recovered millions in settlements and verdicts for injured workers, including a $6.75 million workers’ comp case for a delivery driver who was paralyzed when the load fell on him. Our legal team has also received a long list of heartfelt testimonials from satisfied clients, such as this one:

“Hardison & Cochran help me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.” – Doris C.

When insurers who owe you workers’ comp are dragging their feet, we can step in to help move the claims process forward and seek the benefits you’re owed. Contact us today for your free consultation to get started.