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.
Please call (336) 724-2828 or send us an online message to request a consultation today.
Workers’ Compensation Benefits
North Carolina 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 workers’ compensation claim deadlines to preserve your benefit rights. Meeting deadlines is only part of protecting your claim. See our guide on What Not to Do While on Workers’ Compensation to avoid common mistakes that can jeopardize your benefits. Workers often also wonder who pays for health insurance while on workers’ compensation, which is a separate question from the medical care covered directly by your claim.
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. If you’re dealing with this, speak with a Charlotte workers’ compensation lawyer about your legal options.
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. Once you’ve filed, see our guide on How to Check the Status of an NC Workers’ Comp Claim to track your case’s progress.
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. A North Carolina workers’ compensation 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 difficult, and workers’ compensation is a complex area of law. This is a difficult combination to handle on your own. uestions often come up along the way, such as can I get a new job while on workers’ compensation. See our related guide for more on that specific situation.
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.
If you need us, we are in your corner. Contact us online or call us at (336) 724-2828 for help.
Griff is dedicated to assisting individuals who need assistance with workers' compensation issues, who are the victims of discrimination, or who have suffered a serious injury. He practices primarily in the areas of workers’ compensation, employment, civil rights, and mediation.