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

February 15, 2021 | By Riddle & Brantley Accident Injury Lawyers
How Long Do I Have to File a Workers’ Comp Claim in North Carolina?

When a client contacts us about pursuing a workers’ compensation claim, one of the first questions they typically ask is, “How long do I have to file a workers’ comp claim in North Carolina?”

If you’ve suffered an injury while on the job, you may be entitled to workers’ compensation benefits for your medical expenses, lost wages, and other related costs. Similarly, family members who have lost a loved one due to a workplace injury or illness may be entitled to receive death benefits through the workers’ compensation system. Navigating the workers’ compensation claim process can be difficult, and an experienced workers’ comp attorney can help ensure that your claim is filed within the statute of limitations for workers’ compensation in North Carolina.

North Carolina has specific time limits and deadlines for filing workers’ compensation claims. Riddle & Brantley’s experienced workers’ compensation lawyers understand all too well how critical these time frames are to the success of your claim and want to help make this filing process as easy and stress-free as possible for our injured clients.

In this article, we’ll discuss how long employees have to file a workers’ compensation claim in North Carolina and how our experienced attorneys can guide you through the process of seeking workers’ compensation benefits.

“Is there a time limit to file my workers’ compensation claim in North Carolina?”

In North Carolina, you have two years from the date of injury to File a Workers Comp Claim - Riddle & Brantley

Yes. Under North Carolina law, workers’ compensation claims are governed by a two-year statute of limitations. A statute of limitations is the time limit within which you must file your claim. This means that in North Carolina, you must file your workers’ compensation claim within 2 years from the date of your injury.

Although two years may sound like a long time, when you’ve suffered a workplace injury, focusing on healing from your injuries can often take up much of your time. However, if you fail to submit your claim for benefits within two years from the date of your injury, your claim will be barred by the statute of limitations under North Carolina law.

If you’ve suffered a workplace injury or illness and are left unable to work, you may be entitled to benefits and deserve compensation for your injuries. Therefore, it’s important to speak with an experienced North Carolina workers’ comp lawyer as soon as possible after your injury so that your legal team can handle the claim process while you focus on what’s most important – your recovery.

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“When do I need to report my injury to my employer?”

Although North Carolina’s statute of limitations sets a two-year deadline for filing your claim for workers’ compensation benefits, it is important that you do not delay reporting your workplace injury to your employer. Under North Carolina statute, an injured worker or their personal representative has a duty to report their injuries to their employers in a timely manner. This means that a failure to notify your employer of your injuries could be grounds for your employer to potentially deny your workers’ comp benefits.

What does it mean to report your injury to your employer within a “timely manner?” Under state law, this means that you must give notice to your employer within 30 days of the accident.

However, if you don’t give notice within 30 days, an experienced NC workers’ compensation attorney will be able to evaluate how to move your case forward to determine if benefits may still be payable.

Submitting a Workers’ Comp Claim in North Carolina

If you miss the Deadline for Filing a Workers Comp Claim in North Carolina, your claim may be barred forever - Riddle & Brantley

It is important to remember that simply reporting your injury to your employer is not the same thing as filing a worker’s compensation claim. Filing a workers’ compensation claim requires submitting your application for benefits (called a Form 18) to the North Carolina Industrial Commission. This form should be reviewed by an experienced workers’ compensation attorney before filing to ensure that you claim the full amount of benefits owed.

Riddle & Brantley’s North Carolina workers’ comp lawyers have been guiding clients through the process of filing a claim for more than three decades.

For a FREE consultation with an experienced North Carolina workers’ comp attorney and Bar-Certified Specialist in Workers’ Compensation, please call 1-800-525-7111.

You can also complete the fast and convenient form below if you prefer.

We will review your claim and advise you on your best legal options. If you don’t get paid, we don’t get paid. If we don’t recover workers’ comp benefits for you, you won’t pay any attorney fees.

“What happens after I’ve submitted my workers’ compensation claim?”

After you have filed a workers’ compensation claim in North Carolina, your employer or its insurance carrier will either accept the claim and begin paying benefits to you, or it will deny the claim. Often, an employer or its insurance company will attempt to minimize the severity of your injuries or the impact they have on your ability to perform your work in order to pay less than what you’re owed. Employers may do this by questioning whether your injury or illness was truly related to a workplace accident, or they may dispute the amount of benefits you deserve. Sometimes, an employer will even deny a claim for benefits outright.

If You've Been Denied Workers' Comp...

Receiving a denial does not mean you will not receive workers’ comp benefits for your injury. Riddle & Brantley’s workers’ compensation attorneys have spent decades fighting for the rights of injured workers and their families and know the workers’ compensation system inside and out. Even if your claim for benefits has been denied, our attorneys can help you file an appeal before the NC Industrial Commission. Under North Carolina law, every injured worker has the right to file an appeal of a claim denial by requesting a hearing before the North Carolina Industrial Commission.

In this situation, the Industrial Commission typically requires the parties participate in a mediated settlement conference beforehand to see if the case can be settled before going to a full hearing before the Commission. Here, it is critical that you are represented by a skilled and experienced workers’ compensation attorney who is prepared to advocate on your behalf for the benefits you deserve.

Why Riddle & Brantley for Your Workers' Comp Claim?

At Riddle & Brantley, our team of Bar-Certified Workers’ Compensation Specialists have years of training and expertise in North Carolina workers’ compensation laws and regulations.

“I would recommend Riddle & Brantley to anyone who needs help with workers’ comp.”

-B. Fields, Riddle & Brantley client

Our team of workers’ compensation attorneys routinely handle mediations on behalf of injured clients and have successfully advocated for millions of dollars in workers' comp benefits to be paid to our clients (see disclaimer below). When you’ve suffered a life-altering workplace injury, you deserve an NC workers’ comp attorney who will advocate for the benefits you need and deserve.

Recent results include:

  • $2,475,000 — Our client suffered a severe brain injury in a fall from a platform while working at a construction site. We took the case and successfully secured $2.475 million in total compensation on behalf of our injured client, and even help establish a guardianship and two trusts to help ensure lifetime care.
  • $1,800,000 — Attorney Gene Riddle handled a case in which our client eventually lost his left leg below the knee due to a truck accident while on the job. We negotiated separate settlements with the truck insurance company and workers’ comp carrier, totaling $1.8 million in compensation for our deserving client.
  • $829,000 — Attorney Chris Brantley represented a client who suffered a traumatic brain injury and other disabling injury when he was struck by a falling tree while scouting cell tower locations for work. We obtained a comprehensive life care plan, calculated damages, and negotiated a $829,000 settlement.

*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.

At Riddle & Brantley, we pride ourselves on advocating on behalf of North Carolina’s injured workers. Call 1-800-525-7111 today for a free, no-cost consultation so one of our injury attorneys can review your claim for benefits today.

Justice Counts for injured North Carolina workers.