How To File a Workers’ Compensation Claim In North Carolina?

If you were injured at work, you might be wondering how to file a workers’ compensation claim in North Carolina. North Carolina law requires employees to follow specific steps, from reporting the injury to filing the proper forms with the NC Industrial Commission. Understanding the process is very important to protecting your health and financial security.

Hire a Workers’ Compensation Lawyer

At The Sumwalt Group Workers’ Comp and Trial Lawyers, we have decades of experience guiding North Carolina employees through the workers’ compensation system. Our attorneys, including a Board-Certified Workers’ Compensation Specialist, have built a strong reputation for handling complex claims across various industries.

We understand the physical, financial, and emotional toll workplace injuries can cause. Our proven record of success reflects both legal skill and dedication, ensuring injured workers receive fair treatment, timely benefits, and the support needed to move forward.

Report Your Injury to Your Employer Immediately

The first step in the workers’ comp process is to notify your employer of the injury as soon as possible. In North Carolina, an employee must provide written notice of their injury to their employer within 30 days of the accident. In 2023, there were 68,600 nonfatal workplace injuries and illnesses reported by private industry employers in NC. The total recordable case incidence rate was 2.0 cases per 100 workers.

Even if you inform your supervisor verbally, you should follow up with a written notice. Be specific about the time, place, and cause of the injury, and keep a copy for your records. The sooner you report your injury, the less likely you are to face questions or delays in processing your claim.

File Form 18 With the NC Industrial Commission

Once you have notified your employer of your injury, you should file a Form 18 with the North Carolina Industrial Commission (NCIC). This form is your official claim for workers’ compensation. You typically have two years to file a workers’ compensation claim, but it is better to file it as soon as possible.

Be sure to answer all questions accurately and completely, as mistakes can lead to delays or denials. After filing, you should receive a confirmation from the NCIC. It is also important to keep copies of all filed documents. You may want to consider hiring an attorney to help you with this process and ensure that your claim is properly filed and documented.

Understand Workers’ Compensation Benefits in North Carolina

Workers’ compensation can provide you with several different types of benefits in North Carolina if you are injured. You can expect to have all of your medical treatment covered, as well as a portion of your lost wages if you are unable to work. If you suffer a permanent impairment, disability benefits may be available to you as well.

Vocational rehabilitation may also be available to help you find a new job in some cases if you are unable to perform the duties of your job. You will need to fully understand your rights to take full advantage of these benefits. A knowledgeable attorney who has experience with workers’ compensation claims can help ensure that you receive everything to which you are entitled.

What to Do if Your Claim Is Denied

Workers’ compensation claims are frequently denied in North Carolina. If your claim has been denied, don’t lose hope. You have the right to appeal to the NC Industrial Commission. The appeals process can involve mediation, hearings, and the submission of additional evidence. Common reasons for denial include missed deadlines, disputes over whether the injury was work-related, and a lack of documentation.

An experienced attorney can assist you in gathering medical records, witness statements, and other evidence to support your appeal. Legal representation can significantly increase your chances of a successful appeal and help you receive the benefits you are entitled to.

FAQs

How Long Do I Have to Report a Workplace Injury in North Carolina?

Written notice of the injury must be made within 30 days, but you should notify your employer as soon as possible. Delays in reporting an injury can lead to doubts about its connection to your job. Your employer can submit their claim portion on time if you promptly notify them about your injury.

Your attorney for North Carolina workers’ compensation will ensure you complete all necessary paperwork correctly while helping you prevent errors that might threaten your future benefits.

What Is Form 18 and Why Is It Important?

Form 18 is the claim form filed with the North Carolina Industrial Commission to begin your workers’ compensation case. Until Form 18 is filed, your claim is not considered an active claim. Form 18 must be filed within two years from the date of the accident in most cases. The form must be filled out completely and correctly, or the claim may be delayed or even denied.

What Benefits Can I Expect From a Workers’ Compensation Claim in North Carolina?

Workers’ compensation benefits cover all medical costs and partial lost wages while you are unable to work. Vocational rehabilitation benefits may also be available to help you transition to new work. The exact benefits you may receive will depend on the severity of your injury and the type of work you do. A North Carolina workers’ compensation attorney can explain your eligibility and help you secure the full extent of benefits available to you under state law.

What Should I Do if My Workers’ Compensation Claim Is Denied?

North Carolina provides the option to appeal to the Industrial Commission, where cases can be resolved through mediation or by appearing before a deputy commissioner. Claims are denied for many reasons, most frequently due to the work-related nature of injuries and incomplete information or documentation failures.

Hire a workers’ compensation lawyer to collect medical evidence, formulate arguments, and advocate for you throughout the appeals process, increasing your odds of receiving the benefits you need to recover.

Contact a Workers’ Compensation Lawyer

Pursuing a workers’ compensation claim in North Carolina can feel overwhelming when you are already dealing with an injury. The attorneys at The Sumwalt Group Workers’ Comp and Trial Lawyers understand what is at stake. We can guide you through the process, fight for the benefits you deserve, and stand beside you every step of the way. Book a consultation today.