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Suffering injuries or illness as a result of completing your job duties can have devastating consequences on your ability to provide for yourself and your loved ones. You need to know the workers’ compensation claim deadline in North Carolina to file your claim in time.
Workers’ compensation can provide the support you need to afford medical care and day-to-day expenses. If you have difficulties filing your claim, a North Carolina workers’ compensation attorney can guide you through the process and help safeguard your rights.
Hire a Workers’ Compensation Lawyer
When you hire a workers’ compensation lawyer, you gain an ally dedicated to getting you results. A workers’ compensation lawyer from the Law Office of Jacob Goad can work tirelessly on your case while pursuing full compensation.
For more than a decade, Jacob Goad has helped clients facing personal injury claims. As the Legislative Committee Chair of the Workers’ Compensation Section of the North Carolina Bar Association, Jacob Goad strives to help those affected by work-related injuries or illnesses.
Workplace Illnesses and Injuries in North Carolina
As recorded by the U.S. Bureau of Labor Statistics, there were a total of 64,200 nonfatal workplace injuries and illnesses in North Carolina in 2024. With a rate of 1.9 per 100 full-time workers, North Carolina has fewer incidents than the national average of 2.3.
Fatal workplace injuries totaled 196 in 2024 in North Carolina for a rate of 4.1 per 100,000 full-time workers. This number represents a 10.7% increase in the number of fatalities compared with 2023. Nationally, the rate of fatal workplace injuries has decreased 4.0% from 2023 to 2024.
If you have to file a workers’ compensation claim in North Carolina, they are handled by the North Carolina Industrial Commission, which is a specialized state agency with the authority to handle workers’ compensation cases.
The main office is located in Raleigh, but Deputy Commissioners can be dispatched throughout North Carolina to hear cases in courthouses close to the injured worker. Appeals of a Deputy Commissioner’s ruling are heard by the Full Commission in Raleigh.
When filing a claim with the Commission, you have to file within two years of the date the illness or injury was diagnosed by a medical professional.
Steps in a Workers’ Compensation Claim
If you’ve been injured on the job or become ill due to being exposed while working, you can file a workers’ compensation claim to cover medical expenses and lost wages. The steps you have to follow are:
- Step one. Report the injury or illness to your employer and seek medical attention. If your employer does not provide on-site medical staff, you can seek medical help from an appropriate off-site provider, such as your own personal care provider.
- Step two. Inform the healthcare provider that the injury or illness is work-related and provide them with your employer’s information.
- Step three. Verbally report the injury or illness to your manager. If you are unable to report personally, a family member, friend, or healthcare provider may report for you.
- Step four. Written notice must be provided to your employer within 30 days of the incident. Your statement should include the date of the incident and a brief description of the injury or illness. Keep a copy of this notice for your records.
- Step five. Follow any instructions provided by the healthcare provider.
FAQs
What Are the Three Requirements to Obtain Workers’ Compensation in North Carolina?
In North Carolina, for your workers’ compensation claim to be valid, it must meet three specific requirements. First, the injury or illness must be related to your job duties or inflicted while performing your job.
Second, your employer must carry workers’ compensation insurance. Lastly, you have to report the illness or injury within the specific timeframe for reporting and file the claim within the statute of limitations.
How Much Do Workers’ Compensation Lawyers Charge in North Carolina?
Workers’ compensation lawyers in North Carolina charge a contingency fee for their services. The contingency fee, which is a percentage of your total compensation, is paid to your attorney once the case ends.
The North Carolina Industrial Commission reviews all fees to keep clients from being taken advantage of. You do not have to pay anything up front, and you are not liable to pay if your claim is denied.
Which Companies Are Required to Provide Workers’ Compensation Insurance in North Carolina?
Not every employer is required to provide workers’ compensation insurance in North Carolina. If a company hires three or more employees, even if they do not work at the same location, they must have workers’ compensation insurance.
Common exempt workers include independent contractors, domestic workers, and farm employees when fewer than 10 workers are employed. Federal workers are covered under federal law.
What Can I Do if My Workers’ Compensation Claim Is Denied?
There are steps you can take if your workers’ compensation claim is denied. Review the denial letter to understand the reason for the denial. If documentation is missing, submit the needed forms.
If there is a dispute, you can file Form 33 to request a hearing to appeal the decision. It is wise to have a workers’ compensation attorney represent you during this appeal hearing.
What Can Void a Workers’ Compensation Claim?
There are many reasons why a workers’ compensation claim could be voided. Failing to report the injury or illness within the appropriate timeframe can result in a voided claim. Likewise, failing to file the claim within the statute of limitations can void the claim.
If the illness or injury resulted from being intoxicated while on the job or from intentional misconduct, the claim can also be denied. Conditions that occurred outside of work do not qualify for workers’ compensation.
Contact the Law Office of Jacob Goad
It can be difficult to file for workers’ compensation benefits without the help of an experienced workers’ compensation attorney. If the forms are filed incorrectly or the deadline is missed, it can prevent you from receiving any compensation.
Even if you have already been denied, our team can help you file for workers’ compensation benefits. Fluent in both English and Spanish, we’re ready to help. Contact the Law Office of Jacob Goad today to schedule your initial consultation.
