What is a Form 61 in North Carolina Workers’ Compensation?

Damon Duncan By Damon Duncan, Board-Certified Specialist Updated April 12, 2015 1 min read
Workers' Compensation

The Short Answer

A Form 61 is the North Carolina Industrial Commission's official Denial of Workers' Compensation Claim. Your employer must file this form with the NCIC and send copies to you, your attorney (if you have one), and any healthcare providers who submitted medical bills. The form must clearly state every specific reason for the denial — reasons left off the form may be excluded if you challenge the decision. If you disagree with the denial, you can fight back by filing a Form 33 to request a hearing.

North Carolina Workers' Compensation Questions

North Carolina Industrial Commission Form 61 is the Denial of Workers’ Compensation Claim. If the employer finds reason to deny the employee’s workers’ compensation claim, this form must be submitted to the North Carolina Industrial Commission (NCIC) as well as providing copies to the employee, the employee’s attorney (if applicable) and any healthcare providers that have submitted medical bills to the employer.

The employer must be very specific in providing the reason for their denial of the claim. If certain reasons are omitted from the form and the denial is then challenged, those reasons for denial that were not reported may be excluded from the challenge hearing. If an employee receives a Form 61 from their employer and wishes to challenge the decision to deny their claim, they may do so by submitting a Form 33.

Key Takeaways

  • Form 61 is the official document an employer uses to deny a workers' compensation claim in North Carolina, and it must be filed with the NC Industrial Commission.
  • The employer is required to send copies of Form 61 to the injured worker, their attorney if applicable, and any healthcare providers who billed for treatment.
  • Employers must list every specific reason for denial on the form — any reason omitted may be barred from use if the denial is later challenged at a hearing.
  • If you receive a Form 61, you have the right to challenge it by submitting a Form 33 to request a hearing before the NC Industrial Commission.
  • Acting quickly after receiving a Form 61 matters — deadlines apply to filing a Form 33, and delays can limit your options.
Damon Duncan

About the Author

Damon Duncan

Damon Duncan is a Board Certified consumer bankruptcy attorney at Duncan Law, LLP — helping North Carolina families stop collection calls, protect their property, and get a real fresh start through Chapter 7 and Chapter 13 bankruptcies. He is dedicated to guiding clients through the practical realities of financial recovery, including discharging overwhelming medical debt and halting wage garnishments. Duncan Law has served clients across North Carolina since 1996. In addition to the practice of law, Damon leverages his extensive understanding of debt and asset protection to teach Secured Transactions as a law professor at Elon University School of Law.

No Cost. No Commitment. No Judgment.

Have questions about bankruptcy? Let's talk — free.

We answer calls 24 hours a day. A free phone consultation takes 20–30 minutes and leaves you with a clear picture of your options — no obligation whatsoever.