Common Workers’ Comp Delay Tactics

Communicating Slowly or Not Responding

North Carolina employers and their insurers may take days or weeks to respond to emails, return phone calls, or process paperwork related to your injury. Sometimes they claim they’re waiting on information from an outside source or another department within the company. In reality, these delays can wear you down and make you more likely to give up or accept a lower settlement than you deserve. The longer they stall, the more pressure you may feel – especially if you’re out of work and not receiving benefits. Meanwhile, your medical care may be delayed, and bills can pile up.

Asking for More Information

Requesting excessive or unnecessary information is another common tactic used to delay workers’ compensation claims. They might say your injury report is incomplete or that they need additional details from your doctor, even if the documents you’ve already provided are clear and thorough. Or they may ask for unrelated medical records to try to find a way to use them against you. Rather than requesting all the information at once, they may spread it out and ask for one piece at a time. These repeated requests can create the illusion that your claim is progressing when the insurer is just buying time. This tactic gives them more time to look for ways to deny your claim or push you toward a quick, low settlement. In the meantime, you may be left waiting for treatment approvals or going without income while your case stalls.

Requesting a Recorded Statement

Asking for a recorded statement is a tactic some insurance adjusters use early in the workers’ comp claims process to gather information they may try to use against you. They may act like it’s just a routine step and encourage you to speak casually about what happened, how you feel, or what treatments you’ve received. But they can pick apart every word you say, especially if you’re unsure about treatment dates, your symptoms, or medical details. Even small mistakes or unclear answers can weaken your case, cause unnecessary complications, or lead to a denied claim. That’s why it’s best to have an attorney present before giving any statement to an insurance adjuster.

Ordering Repeated and Unnecessary Medical Examinations

Your employer’s insurer may send you to multiple independent medical exams (IMEs) to delay action on your claim. These exams are supposed to provide an unbiased opinion. However, your employer’s workers’ comp insurance company chooses the doctors who conduct them (N.C.G.S. § 97-27). Insurers often use these exams to cast doubt on your injury, suggest you’re ready to return to work, or downplay the severity of your condition. By scheduling multiple exams or spreading them out over time, the insurance company can delay approval for treatment or wage-replacement benefits. For you, it means more waiting, more stress, and more time without the care or financial support you need. It can also feel invasive and discouraging to have doctors who barely know your case questioning your pain or symptoms.

Misclassifying Your Injury or Employment Status

Misclassifying your workplace injury or employment status is a tactic some employers use to avoid responsibility for workers’ compensation benefits. They might claim that your injury didn’t happen on the job – even if it clearly did – or that it resulted from a pre-existing condition rather than an on-the-job injury. In other cases, they may argue that you’re not an official employee but an independent contractor, which makes you ineligible for workers’ comp benefits. A common tactic is to prompt you to speak of the injury in terms of an occupational disease, which for some parts of the body is much harder to prove than an injury by accident. These strategies delay your access to medical care and wage replacement while forcing you to fight for your employer to recognize your claim. You may be stuck without income or treatment while dealing with paperwork, appeals, or legal arguments over how your employer classifies you.

Delaying Claim Payments

Even after approving your claim, the insurer may take their time issuing your weekly wage-replacement checks or reimbursing you for medical expenses. Sometimes, they blame administrative errors, system issues, or missing paperwork. The result is always the same, though: You’re left waiting for money you’re legally owed. If you’re behind on bills or struggling to make ends meet, you might feel forced to accept a quick, low settlement to stay afloat.

Offering a Light-Duty Position

Offering you a light-duty position can seem like a positive step from your employer, but it’s often a delay or defense tactic. Employers may offer you a modified job with fewer physical demands and claim it meets your doctor’s restrictions. In many cases, though, the job is unrealistic, temporary, or even made up to get you back to work. This step lets your employer’s insurer reduce or avoid paying you disability benefits while creating a paper trail that suggests you can return to work. It also puts you at the employer’s mercy, allowing them to harass you until you do something that they can use as a basis to fire you. On the other hand, refusing the offer gives the insurer a reason to cut off your benefits. It’s a lose-lose situation unless the replacement job is truly within your limits and serves your recovery.

Delaying Authorization for Treatment

Even after your doctor recommends a procedure or therapy, the insurer may take days – or even weeks – to approve it. They might say they’re reviewing the request, need more documentation, or are waiting for a second opinion. These delays help the insurer by postponing payment for care and giving them time to find reasons to deny all or part of your claim. In some cases, they hope you’ll recover on your own or grow frustrated enough to stop pursuing treatment. These delays can lead to worse symptoms, longer recovery times, and more pain for injured workers. This tactic also adds to your emotional stress, as you’re left wondering when – or if – you’ll get the help you need.

How Our Attorneys Can Combat Workers’ Comp Delay Tactics

Hiring a North Carolina workers’ comp attorney is the wisest move you can make to combat delay tactics by your employer or their insurer. Our team can help move your claim forward and overcome these obstacles by:

Pushing for prompt medical treatment – If your employer’s insurance company is dragging their feet on approving care, we can take steps to get your treatment moving. We can follow up directly, file medical motions if necessary, and make sure your health is a priority for your employer.
Not letting your employer ignore your claim – Some employers delay claims by “losing” paperwork or arguing they never received your report. We’ll track all communication with your employer, confirm delivery of your claim documents, and hold them accountable for failing to respond promptly.
Challenging baseless denials – Employers or insurers often deny claims for questionable reasons. If this happens to you, we can examine the facts and file an appeal with state authorities. We know the rules and how to present strong evidence that supports your right to workers’ compensation benefits.
Demanding timely wage-replacement checks – If your weekly checks are late or missing, we’ll press the insurance company to pay you what you’re owed. We can also seek penalties when insurers fail to follow the law (C.G.S. § 97-18).
Representing you in hearings and negotiations – We’ll be ready to take your case before the North Carolina Industrial Commission if delays continue. We can argue on your behalf and work to get your case resolved as quickly as possible.

Call Our Raleigh Workers’ Compensation Attorneys for Help with Your Case

Our Raleigh workers’ comp attorneys are ready to help if your claim has stalled. Younce, Vtipil, Baznik & Banks has over 90 years of combined experience and knows how to push back against employers’ workers’ comp delay tactics – and we’ll use every tool in our arsenal to fight for fair compensation.

You don’t need to take our word for it, though. Listen to what one recent client said about their experience with us:

“I don’t know how to begin to thank you for all of the hard work you did on my worker’s compensation case. From day one you had this ease about you. I was able to relax knowing that my legal situation was being handled. If at anytime I or anyone I know need legal counsel, I will be sure to contact your firm.” — Monique S.

Although each case is different and past results cannot guarantee a future outcome, our recent case results also include a $2.625 million workers’ comp settlement.

Don’t let your employer trample on your rights with their workers’ comp delay tactics. Our team is standing by to listen to your story and help your claim get moving so you can pursue the financial support you need. Call 919-661-9000 now or complete our contact form for a free consultation with a knowledgeable North Carolina workers’ compensation lawyer.