How to File a Workers’ Compensation Claim in North Carolina?

No one starts their workday expecting to suffer a serious injury. Whether you are harmed due to a fall, repetitive strain, or another work-related cause of an injury, you have the right to pursue benefits through the state’s workers’ comp program. Understanding how to file a workers’ compensation claim in North Carolina is key to securing the financial support you need to pay for medical bills, lost wages, and other costs associated with your injury.

Understanding Work-Related Injuries in North Carolina

North Carolina sees significant numbers of workplace accidents and work-related injuries every year. Private industry employers in the state reported 68,600 nonfatal workplace illnesses and injuries in 2023, with a Total Recordable Case incidence rate of 2.0 per 100 workers. More severe cases, including those involving days away from work, restricted duties, or job transfers, totaled 40,900, translating to a rate of 1.2 per 100 workers.

Common causes of these incidents include falls, slips, and trips, overexertion from lifting or repetitive tasks, and contact with equipment or objects. Construction accidents, factory workers injury, and transportation-related accidents also rank among the leading contributors to workplace injury cases. In some situations, these incidents may involve a back injury, neck injury, or broken bones injury.

When injuries occur, many workers receive treatment at top medical centers such as UNC Medical Center, 101 Manning Drive, Chapel Hill, NC 27514, and Duke University Hospital, 2301 Erwin Road, Durham, NC 27710.

How the Filing Process Works for Workers’ Comp in North Carolina

Filing a workers’ compensation claim in North Carolina requires multiple steps that must be done within strict deadlines. State law requires you to report the injury to your employer within 30 days. Giving immediate notice to your employer is generally recommended. Your employer is then required to facilitate the process and provide you with access to medical care and the forms you’ll need to fill out to start the workers’ compensation application process

You’ll then need to fill out a Form 18, which is also known as a Notice of Accident to Employer and Claim of Employee. This is mailed to the North Carolina Industrial Commission. The form documents the incident and describes the injury. Filing also establishes a formal claim. The employer is then required to file a Form 19 to report the injury.

Once the claim is submitted, the insurance company investigates the circumstances of the injury and either accepts or denies the claim. If they accept the claim, your benefits may cover medical treatment, wage replacement, and coverage for rehabilitation. If your claim is denied, you have the right to work with an attorney to appeal your decision before the Industrial Commission. Throughout the process, keeping medical records can be essential to preserving benefits.

Should I Hire a Workers’ Compensation Lawyer?

The process of gathering evidence, filling out forms, and hoping that your claim is accepted can be a stressful burden, especially if you are unfamiliar with the state’s workers’ compensation laws. By working with a North Carolina workers’ compensation attorney, you can remove yourself from the center of the workers’ compensation claim process and focus on your recovery.

An attorney with years of experience handling these types of claims can handle the complexities of your case and ensure that your filings are turned in on time and have the wording and documentation needed for a successful claim. If your application is returned or denied, having legal representation can play a critical role in ensuring that insurers are held to the terms of their own policies and state law.

FAQs

How Do I File a Workers’ Comp Claim in North Carolina?

You should begin the process of filing a workers’ compensation claim as soon as possible. Start by notifying your employer about the injury. You will then need to seek treatment from an approved medical provider and complete the required state forms, such as Form 18, to formally file your claim. Missing any steps or deadlines can delay your benefits and potentially jeopardize your right to secure benefits through workers’ comp.

What Type of Injuries Qualify for Workers’ Comp in North Carolina?

Workers’ comp covers injuries that happen while you are performing job duties. Claims are commonly filed for sudden accidents, repetitive stress injuries, and occupational illnesses caused by workplace conditions. Whether you suffered a fall, a machinery-related injury, or a long-term condition like carpal tunnel syndrome, if the injury is linked to your job, you may qualify for benefits. A successful claim requires strong medical evidence and documentation.

What Information Is Needed to File a Workers’ Compensation Claim?

To file a workers’ comp claim in North Carolina, you’ll need details about when and how the injury occurred. You may need medical records documenting the diagnosis and treatment, as well as your employer’s information. Forms must be completed accurately because small delays can lead to setbacks. Supporting documentation, such as witness statements or accident reports, can also strengthen your claim and facilitate the process of securing benefits.

How Long Do You Have to File Workers’ Comp in North Carolina?

You generally have 30 days to notify your employer of a workplace injury and two years to file a formal workers’ compensation claim in North Carolina. Failing to report the injury quickly can make it harder to prove your case. Acting within these timelines is critical to protecting your right to medical care and wage replacement benefits under state law.

Injured at Work? Protect Your Right to Compensation – Hire a Workers’ Compensation Lawyer

A workplace injury can create immediate stress and lasting challenges. Filing a workers’ compensation claim in North Carolina begins with notifying your employer, seeking approved medical care, and filing the required forms within the state’s strict deadlines. Missing a step can jeopardize your benefits and delay the support you need.

At Christina Rivenbark & Associates, our founding attorney has represented injured workers for more than 30 years. She understands how employers and insurance companies may try to limit claims. With our guidance, you gain an advocate who knows how to protect your rights and secure the benefits you are owed. Contact our office today to schedule your free consultation and learn how our team can guide you through the workers’ compensation process.