Originally published: September 2025 | Reviewed by Perry Morrison
When your North Carolina workers’ compensation claim gets denied or you disagree with the benefits offered, you’ve got options.
You should file a Form 33 hearing request if you can’t reach an agreement with your employer or their insurance company about your workers’ comp benefits.
Filing a Form 33 kicks off the formal hearing process with the North Carolina Industrial Commission.
This document allows injured workers to challenge denied claims, dispute benefit amounts, or resolve other disagreements about their case.
The timing of when you file this form can significantly impact your case. Knowing the right moment protects your rights and gives you a chance to receive the benefits you deserve under North Carolina law.
A Form 33 is a request for a hearing with the Industrial Commission in North Carolina workers’ compensation cases. It’s the formal way to appeal denied claims or disputed decisions through the state’s official hearing process.
The North Carolina Industrial Commission (NCIC) oversees all workers’ compensation disputes in the state. The commission handles Form 33 requests and assigns cases for hearings when workers disagree with claim decisions.
When you file a Form 33, the NCIC requires both sides to attend mediation first. They want to see if you can settle the dispute without a full hearing.
If mediation doesn’t work, the case moves to an evidentiary hearing. Deputy Commissioners act as Administrative Law Judges during these proceedings.
The Industrial Commission sets the legal ground rules for workers’ comp disputes. Their decisions can force insurance companies to pay benefits or uphold a denial.
You need to file a Form 33 when the insurance company denies your workers’ compensation claim. The form starts the formal appeal process for disputed claims.
The form is also necessary if there are disagreements about:
Filing Form 33 is the first formal step in appealing any workers’ compensation decision in North Carolina. Without it, you can’t challenge insurance company decisions through the state system.
Form 33 provides injured workers with a means to challenge unfair claim denials by insurance companies. The document lets workers challenge decisions under the Workers’ Compensation Act.
The form isn’t a formal lawsuit but acts a lot like one in protecting worker rights. It allows you to access the state’s dispute resolution system without any upfront costs.
Workers get several protections through Form 33:
The hearing process helps level the playing field between injured workers and insurance companies. Neutral Deputy Commissioners—folks who know workers’ comp law inside and out—review the claims.
Morrison Law Firm is here to protect your workers’ compensation rights in North Carolina. Don’t wait if your benefits are delayed or denied—contact us today to schedule your consultation.
If you’re ready to get started, call us now!
Workers file Form 33 requests when employers or insurance companies deny claims, dispute medical treatment, reduce benefits, or disagree about disability ratings.
These conflicts require formal hearings to resolve disputes between injured workers and insurance carriers.
If an insurance company or employer denies a workers’ comp claim, you’ll need to file Form 33 to challenge the decision. The denial comes on Form 61 and must include specific reasons.
Common denial reasons include:
The Form 61 denial can’t use general language and must detail exactly why it is rejecting the claim. You have only a short window to respond after receiving a denial notice.
Filing Form 33 starts the formal hearing process. You can present evidence and witnesses to prove your injury happened at work and qualifies for benefits.
Medical treatment disputes arise when insurance companies refuse to cover certain treatments or procedures provided by specific doctors. Sometimes, workers need care that insurers just won’t approve.
Insurance companies sometimes deny:
You can also file Form 33 if you want to switch treating physicians. North Carolina allows injured workers to choose their own doctors in many situations.
The hearing process helps sort out what medical treatment is reasonable and necessary. Workers present medical evidence to demonstrate why they require specific treatments or doctors.
If employers or insurance companies suddenly stop paying wage replacement benefits without proper notice, you can file Form 33. This goes for both temporary and permanent disability payments.
They might say benefits stopped because:
You’re supposed to get proper notice before benefit changes take effect. If benefits are stopped without a clear explanation, a Form 33 hearing can help you get payments restored.
The hearing examines whether there’s sufficient medical evidence to support discontinuing or reducing benefits. Workers show documentation proving they still can’t work or earn full wages.
Disability rating disputes come up when workers and insurance companies can’t agree about permanent impairment levels. These ratings impact long-term benefit amounts and any settlement offers.
Return-to-work conflicts happen when:
Form 33 hearings help determine whether workers can return to their previous jobs or require alternative arrangements. Medical evidence is a big deal here.
The Industrial Commission reviews job requirements, medical restrictions, and whether the proposed work fits the worker’s abilities and limitations.
If you’re ready to get started, call us now!
The timing for filing a Form 33 depends on when benefits are denied or stopped, with strict deadlines that you can’t miss. Acting quickly protects your rights and prevents your case from being closed automatically.
Generally, you need to file a Form 33 within two years of your injury date, date of denial, or the last benefit payment you’ve received.. This deadline applies whether they deny your initial claim or stop paying benefits later.
The clock starts ticking on different dates, depending on the situation. For denied claims, the two-year period begins on the date of the injury.
For stopped benefits, it starts from the last payment you received. For partial denials, the deadline can vary based on which benefits were affected.
Insurance companies must provide specific reasons for denials on Form 61. Don’t wait around hoping they’ll change their mind. Filing a request for a hearing initiates the formal appeal process immediately.
Filing a Form 33 quickly preserves all your legal options and keeps evidence from slipping away. Medical records, witness statements, and workplace conditions can change fast.
Early filing also means you’ll probably get a faster resolution. The Industrial Commission typically initiates mediation, which often resolves cases without a full hearing. That saves time and legal fees for everyone.
If you file promptly, you demonstrate your seriousness about your claim. Insurance companies may be more likely to negotiate when they see you taking action instead of dragging your feet.
Quick filing also protects you from missed deadlines due to paperwork mix-ups or administrative delays at the Industrial Commission.
Missing the two-year deadline may mean you’re out of luck—permanently, unless the Industrial Commission already has jurisdiction over the matter. The Industrial Commission can’t extend this deadline, even for good reasons such as illness or lack of knowledge of the law.
Delaying weakens your case in several ways. Medical evidence gets harder to find as doctors move or retire. Witnesses may forget details or have passed away.
Key risks of waiting include:
Insurance companies use delays against you. They’ll claim that if you were really hurt, you’d have filed right away—so waiting makes your claim look suspicious or exaggerated.
The Form 33 hearing process consists of four main steps within North Carolina’s Industrial Commission system. Workers have two years to file and must attempt mediation before they can proceed to a hearing with a deputy commissioner.
Unless they have already filed the Form 18, workers can start the process by filing Form 33 with the North Carolina Industrial Commission. This form’s official name is “Request That Claim Be Assigned for Hearing.”
The deadline is two years from the injury date, or two years from the denial of the claim via a Form 61. Miss it, and you might lose your shot at appealing a denied claim.
The form needs specific details about the dispute. Workers must be clear—no vague language is allowed.
Key filing requirements include:
The Industrial Commission processes the Form 33 and assigns the case for next steps. Filing officially kicks off the appeal process if your claim’s been denied or there’s a fight over benefits.
The North Carolina Industrial Commission requires mediation before setting any hearings. This is filed immediately after you submit Form 33.
Mediation involves a neutral third party to facilitate communication between both sides. The mediator doesn’t decide anything—they just try to help everyone find some common ground.
Benefits of mediation include:
Most cases try to settle at mediation. If that doesn’t work, you move on to a formal hearing.
Mediation typically occurs 30 to 60 days after filing Form 33. Both sides have to show up and negotiate in good faith.
Hearings happen in front of a deputy commissioner, who serves as an administrative law judge. There’s no jury—just a formal legal process.
The deputy commissioner listens to evidence from both sides. Workers can bring medical records, witnesses, and even expert opinions.
Hearing procedures include:
The insurance company puts up its defense, maybe questioning your medical evidence or arguing the injury isn’t work-related.
Deputy commissioners write up their decisions within 30 days after the hearing. Their decisions lay out the facts and legal conclusions about your claim.
If you disagree with the deputy commissioner’s decision, you can appeal to the full commission. You need to file that appeal within 30 days.
The full commission reviews the record; no new hearings are held. They verify whether the deputy commissioner has made mistakes in the law or facts.
Higher court appeals follow this path:
The Court of Appeals only looks at legal questions, not the facts. The Supreme Court picks and chooses which workers’ comp cases it wants to hear.
Most cases wrap up at the deputy commissioner or full commission level. Appeals to higher courts only make sense if there’s a big legal issue or a lot of money at stake.
North Carolina workers’ compensation claims come with strict deadlines. Miss one, and you could lose your benefits for good. However, some exceptions may still save a claim if you’re running late.
By law, injured workers have to file a notice of their injury with the Industrial Commission within two years of their injury, and one way to do this is to file a Form 33. That’s the rule for most disputes.
The clock starts the day of the accident. For occupational diseases, it begins when you first knew—or should’ve known—about the disease’s relationship to your employment. This is usually when a competent medical source advises you of the relationship.
Key timing rules include:
You must submit your Form 33 hearing request before the deadline. Even one day late can kill your claim.
The Industrial Commission won’t accept verbal requests. You must submit everything in writing, using the correct forms.
Some situations can change the two-year deadline. These exceptions help workers in some instances.
Continuing compensation payments pause the deadline. If you’re still getting benefits, the two-year limit doesn’t run during that time.
Fraudulent concealment by an employer can extend your deadline. If your boss hides that your injury is work-related, the clock might start later.
Minor workers get extra time. Usually, the deadline doesn’t start until they turn 18.
Mental incapacity can stop the clock, too. If you’re mentally unable to understand your rights, you may get an extension.
Mistake or excusable neglect rarely works as an excuse. The Industrial Commission hardly ever grants extensions without a solid legal reason.
The two-year statute of limitations creates a complete legal bar to workers’ compensation claims. Courts can’t ignore these deadlines, even for deserving cases.
Total claim dismissal happens if you file late. The Industrial Commission will dismiss your case, no matter how bad the injury.
No appeals process exists for missed deadlines. Once time’s up, no court can bring your claim back.
Lost benefits include:
Financial consequences can be brutal. You lose all rights to benefits for that injury—now and in the future.
Even strong cases with clear evidence fail if filed too late. The deadline applies to both minor injuries and the most severe accidents.
If your claim is stalled or benefits have stopped, Morrison Law Firm can help with workers’ compensation disputes. Take action before deadlines pass—schedule your case review with us now.
If you’re ready to get started, call us now!
A workers’ compensation attorney brings real expertise to the table. They handle complex paperwork, gather the necessary evidence, and advocate for injured workers against insurance defense teams. It’s fair to say legal help gives you a much better shot at winning your hearing.
Filing a Form 33 hearing request means meeting the deadlines and completing the paperwork correctly. Usually, you’ve got 30 days from a denial notice to appeal.
A workers’ comp lawyer makes sure you fill out forms correctly and file on time. Miss a deadline, and you might lose your benefits forever.
Key Filing Requirements:
The attorney handles all back-and-forth with the Industrial Commission. They keep track of deadlines and are familiar with the procedural rules that often trip up many people.
Medical evidence is the backbone of these cases. A good workers’ comp attorney knows which records and expert opinions have the most impact.
The lawyer gathers records from your doctors and organizes them to show the clear link between your job and your injury. They don’t just dump a pile of papers—they build a story.
Essential Evidence Categories:
Wage evidence shows the financial hit you’ve taken. The attorney collects pay stubs, tax returns, and job records to prove what you’re owed.
They work with medical experts to get opinions that back your claim. This kind of prep is key for a strong case.
Workers’ compensation hearings can become complicated. You need someone who understands evidence rules and how to question witnesses. An experienced attorney knows how to argue your case.
Many cases settle before or during the hearing. Your lawyer reviews settlement offers to make sure they actually cover your medical bills and lost pay.
Settlement Considerations:
If the first hearing doesn’t go your way, your attorney can file appeals within the Industrial Commission. They know the appellate process and the deadlines you have to meet.
A good lawyer’s negotiation skills typically yield better results than most people could achieve on their own.
Insurance companies hire tough defense attorneys who know how to minimize payouts. These teams have numerous strategies for challenging claims.
Your workers’ comp attorney fights back against these tactics. They are familiar with common arguments and have prepared responses.
Common Defense Strategies:
Your lawyer protects you from unfair questions during depositions and hearings. They object to improper evidence and watch out for your rights.
Insurance defense teams often attempt to pressure unrepresented workers into accepting low settlements. Having a lawyer ensures fairness and helps you avoid being taken advantage of.
Morrison Law Firm is well-versed in North Carolina workers’ compensation law. They help injured workers navigate the Form 33 process, combining local expertise with a focused practice and a proven track record of securing benefits for clients.
Morrison Law Firm has extensive experience working directly with the North Carolina Industrial Commission. The attorneys are provided with the specific procedures and requirements for filing Form 33 requests for hearings.
They are aware of which Deputy Commissioners handle specific types of cases. That kind of knowledge enables them to prepare cases more effectively for particular hearing officers.
Key advantages include:
Morrison Law Firm takes care of the technical details, such as filing Form 33 within the strict two-year window. They make sure all paperwork aligns with Industrial Commission standards.
The attorneys sit down with clients to get them ready for mediation conferences. They know how to present cases in a way that mediators and opposing counsel will actually listen to.
Morrison Law Firm keeps its focus tight on workers’ compensation law. They don’t spread themselves too thin across multiple practice areas.
This focus helps them stay up-to-date with changes in North Carolina workers’ compensation regulations. They understand the medical evidence that supports all kinds of injury claims.
The attorneys team up with doctors who regularly treat work injuries. These doctors know how to document cases properly, which makes a difference.
Services provided include:
They’ve seen the usual insurance company tactics for denying claims. The attorneys identify weaknesses in insurance adjusters’ arguments and develop stronger cases for hearings.
Morrison Law Firm also understands the different benefits available under North Carolina law. We’re talking medical coverage, wage replacement, and vocational rehab services—it’s all on the table.
Morrison Law Firm has represented workers in Form 33 hearings across various industries and types of injuries. They’ve secured benefits for clients with both accepted and initially denied claims.
Here is what our clients have to say about their experience.
Alicia Thompson
“Mr. Morrison has been so wonderful in helping my husband and I navigate my husband’s workers compensation claim. He and his office staff are very friendly and knowledgeable. It’s a blessing to have Mr. Morrison and his staff and their expertise in our corner when dealing with this difficult situation.”
Christopher Thompson
“I am glad to have Perry Morrison as our attorney. My wife and I started out trying to handle my workers’ compensation case on our own, but quickly found that we were over our heads. Mr. Morrison was able to quickly get us to a point where I was receiving the pay I should be and making sure that my appointments were being made in a timely fashion. He is kind, and he and his staff are always there to answer any questions we may have.”
John Bryant
“Mr. Morrison has helped me in countless matters over the past 30 years…He is what I think a great attorney should be. Knowledgeable, Honest, and Trustworthy. Over the years, Mr. Morrison has won several awards for helping the community, and he is still as humble and polite as the day I met him when he was a top attorney at Narron & Holdford. You need anything …Simple Will on up…Call Mr Perry Morrison, best in town.”
When your family’s future depends on fair workers’ compensation benefits, turn to Morrison Law Firm for trusted legal guidance. Protect what matters most—contact us today to schedule your free consultation.
What is a Form 33 in North Carolina workers’ compensation?
A Form 33 is the official “Request for Hearing” filed with the North Carolina Industrial Commission. It allows injured workers to resolve disputes when employers or insurers deny, delay, or reduce workers’ compensation benefits, such as wage replacement, medical care, or disability payments.
When should I file a Form 33 hearing in NC workers’ comp?
You should file a Form 33 as soon as disputes arise, such as a denied claim, unpaid medical bills, or stopped benefits. Filing quickly protects your rights and ensures your case is scheduled for mediation or hearing before the NC Industrial Commission.
What happens after filing a Form 33?
After filing, the NC Industrial Commission typically schedules mandatory mediation before a Deputy Commissioner hearing. Both sides present evidence, testimony, and medical records. If mediation fails, the Commissioner issues a decision, which can be appealed to a higher level within the Commission.
How long do I have to file a Form 33 in NC?
Generally, unless the Industrial Commission already has jurisdiction in the claim, injured workers must file a Form 33 within two years of the work injury or within two years of the last compensation payment. Missing the deadline can permanently bar claims, so acting promptly with the guidance of a lawyer is critical.
Do I need a lawyer to file a Form 33 in North Carolina?
While you can file a Form 33 on your own, an experienced workers’ comp attorney strengthens your case by preparing evidence, cross-examining witnesses, and meeting strict deadlines. Representation is especially important when insurers dispute benefits or deny medical treatment.
What disputes are resolved in a Form 33 hearing?
A Form 33 hearing resolves disputes about denied claims, unpaid medical bills, stopped wage benefits, disability ratings, or return-to-work conditions. It provides an official forum for workers to challenge employer or insurance company decisions before the Industrial Commission.
How long does it take to get a Form 33 hearing?
The timeline varies, but hearings typically occur several months after filing, due to scheduling conflicts and the Commission’s caseload. Acting quickly helps secure a place on the calendar and minimizes delays in receiving medical care or wage benefits.
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