How Long Do I Have to File a Workers' Compensation Claim in NC?

In North Carolina, the statute of limitations for filing a workers' compensation claim is generally two years from the date of the injury or the last payment of compensation, whichever is later. However, it is important to consult with a workers' compensation attorney or the North Carolina Industrial Commission to understand the specific deadlines and requirements for your particular case. It is advisable to file a claim as soon as possible to ensure that you meet the necessary deadlines and have a stronger chance of receiving the benefits you are entitled to.

More About Workers' Compensation

After suffering a work-related injury, you might find yourself overwhelmed with medical appointments, recovery, and figuring out how to make ends meet while you are unable to work. Amid all these concerns, it's crucial not to forget about the timeline for filing a workers' compensation claim. Knowing these timelines and acting promptly can significantly impact your ability to receive the benefits you deserve.

Reporting Your Injury

The first critical timeline begins the moment you sustain an injury. Under North Carolina law, you must report your injury to your employer immediately, or as soon as possible. The state law, specifically N.C. General Statutes Section 97-22, requires employees to provide written notice to their employer within 30 days of the injury. Failing to do so could jeopardize your ability to receive workers' compensation benefits.

Filing the Claim

After notifying your employer, the next step is to file a claim with the North Carolina Industrial Commission, which oversees workers' compensation cases in the state. This is done by filling out Form 18 and sending it to the Industrial Commission. The deadline to file this claim is within two years of the date of your injury or occupational disease diagnosis.

In the case of occupational diseases, the clock starts ticking from the date you were first disabled and informed by a competent medical authority that you have a work-related disease.

Exceptions to the Rule

Like all laws, there are exceptions to these general rules. For instance, if your employer has misled you about your workers' compensation rights or if they have failed to file a report of the injury with the Industrial Commission, these could potentially serve as grounds for an extension.

Additionally, if your injury or illness developed slowly over time, such as hearing loss or a repetitive stress injury, the time limit may begin from the date you became aware that your condition was related to your employment.

Why It's Crucial to Act Promptly

While two years may seem like ample time to file a claim, waiting is not advised. Evidence can disappear, memories can fade, and witnesses can move or become difficult to locate. Moreover, delays in filing can lead to delays in receiving your benefits.

Contact The Law Offices of John M. McCabe

The information presented above gives a general overview of the timeline for filing a workers' compensation claim in North Carolina. However, each case is unique, and several factors can influence these deadlines.

At The Law Offices of John M. McCabe, we understand the complexities of workers' compensation laws in North Carolina. We're committed to helping you navigate this process and fight for the benefits you deserve. If you have been injured at work and are unsure of your next steps, contact us today for a consultation.