One of the laws that Gov. McCrory enacted prohibited the Industrial Commission from forcing an employer to decide to accept or deny the claim within a month of having actual written knowledge of the claim. Thus the adjuster has thirty days within which to hold back on all payment without any repercussions against her whatsoever. It is our observation from speaking with a lot of claimants with modest injuries that they are sorely tempted to give up their claim and beg the doctor to return them to full duty because they cannot afford to go a whole month without pay. While some adjusters may dispute the insinuation that this is a goal of theirs, the fact that it occurs is beyond dispute.
If you do not have a note from a doctor taking you out of work, and if the doctor wasn’t one the adjuster or the employer sent you to, then you can be assured that the checks are going to be a little slower getting started. And if you have a note returning you to work but you haven’t gone back because it hurts too much – without another out-of-work note from the doctor it’s going to be difficult. It can be done but it often requires an attorney’s help in doing so.
