When you suffer a work injury, you need to act quickly. You need to seek medical attention through your employer as soon as possible for the best chances of recovery. And you need to report your injuries to the proper authorities to preserve your workers’ compensation rights.
Is there a statute of limitations on workers’ comp claims in North Carolina? Yes, in fact, there are multiple deadlines you do not want to miss.
Recovering from a work injury is time-consuming work. Your best option for a speedy and fair recovery is to use the help of an experienced workers’ compensation attorney.
Our attorneys at EMP Law are leaders in the labor law community. We can make sure your claim is handled within the North Carolina workers’ compensation statute of limitations guidelines, and we can maximize your benefits.
Workers’ Compensation Benefits
Employees who suffer an injury while working can recover multiple benefits in a workers’ compensation claim, including:
- Wage replacement,
- Medical care,
- Compensation for permanent disabilities, and
- Vocational rehabilitation.
You do not have to prove fault to recover these benefits, but you do have to fulfill specific reporting and claim deadlines to preserve your benefit rights.
Reporting Your Injury to Your Employer
The first important North Carolina workers’ compensation statute of limitations deadline concerns the time you have to report your injury to your employer. Ideally, you would report your injury immediately.
If immediate reporting is not possible, you must report your injury (in writing) to your employer within 30 days of injury. You could forfeit your right to compensation if you fail to submit a written report to your employer within this timeline.
Claiming Benefits Through the Industrial Commission
Even though workers’ compensation is a no-fault system, you still have to prove that your injury arose out of and in the course of your employment. This basically means that your work must be the cause of your injury.
Not every employer agrees that their employee’s reported injury is the result of work, and some might refuse to provide benefits. If this happens to you, you can file a claim for benefits with North Carolina’s Industrial Commission.
To avoid a bar on compensation, you must file your claim for benefits within two years of suffering the injury. When complying with this NC workers’ comp statute of limitations requirement, you normally need to fill out Form 18.
You should speak to an attorney before filling out Form 18 because the answers you provide will have a significant effect on your benefit level. An attorney can help you take advantage of important legal rights to maximize your benefits while completing your claim paperwork.
Do Not Risk Losing Your Rights: Speak to an Attorney Immediately
Properly healing after an injury is hard, and workers’ compensation is a complex area of law. This is a difficult combination to handle on your own.
That is why you should not handle a workers’ compensation case alone. Our attorneys at EMP Law have decades of experience and have won millions of dollars for harmed employees.