Hiring a Workers' Compensation Lawyer in North Carolina
The limits on workers' comp lawyer fees in North Carolina, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in North Carolina: fee rules
| Rules on contingency fees | Under North Carolina Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars contingent fees for defending a criminal case (except in criminal or civil asset forfeiture proceedings if not otherwise prohibited by law) and in civil cases where such a fee is prohibited by law. Rule 1.5(f) requires lawyers to tell clients about the State Bar's fee dispute program at least 30 days before suing to collect a disputed fee and to participate in good faith if the client makes a proper request. |
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| If you disagree with a lawyer's bill | The North Carolina State Bar's Fee Dispute Resolution Program (run by its Attorney-Client Assistance Department) is a free facilitation process for clients who dispute a lawyer's fee. Submit the petition (English or Spanish, downloadable or by calling (919) 828-4620) with supporting materials within three years of the last time the lawyer represented you; the State Bar sends it to the lawyer, who responds. Staff decide whether a dispute is suitable; the program cannot take a request once the lawyer has sued to collect the fee and cannot forgive or waive fees. Under Rule 1.5(f), lawyers must participate in good faith when a client makes a proper request. |
| If a lawyer takes your money | The North Carolina State Bar's Client Security Fund may reimburse, in whole or in part and at the board's sole discretion, financial losses caused by a lawyer's dishonest conduct (embezzlement or wrongful taking of money or property entrusted to the lawyer in an attorney-client or customary fiduciary relationship, such as estate executor). You must first try other ways to recover, including at minimum filing a fee dispute petition; filing a grievance is recommended. The application must be notarized and include a signed Subrogation Agreement and copies of proof of payment. Contact CSF@ncbar.gov or (919) 828-4620. |
North Carolina rules to know first
| Lawyer fee limits | All attorney fees in North Carolina workers' compensation cases are subject to approval by the Industrial Commission, and a request must be submitted for each fee. Taking any fee or gratuity without Commission approval, or soliciting workers' compensation clients, is a Class 1 misdemeanor. The Commission judges reasonableness using factors such as whether the fee is fixed or contingent and the customary fee for similar services, and its decision can be appealed to the full Commission and then superior court. Source: N.C. Gen. Stat. 97-90 |
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| Deadline to file a claim | The right to compensation is barred unless, within two years after the accident, a claim is filed with the Industrial Commission (usually on Form 18) or the employee is paid compensation; or, where only medical compensation has been paid and liability was not otherwise established, a claim is filed within two years after the last medical payment. For occupational diseases, the claim must be filed within two years after the employee has suffered death, disability or disablement and has been told by a competent medical authority that the disease is work-related. An employer's Form 19 report of injury is not a claim by the employee. |
| Deadline to challenge a denial | A claim must be filed with the Industrial Commission (or compensation paid) within two years after the accident; if only medical compensation has been paid, within two years after the last medical payment. A deputy commissioner's award may be reviewed by the Full Commission if application is made within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals for errors of law within 30 days from the date of the award or receipt of notice of it. Claim deadline: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_97/GS_97-24.html ; |
| Can you sue your employer? | Generally no. If the employee and employer are subject to and have complied with the Workers' Compensation Act, the compensation it provides excludes all other rights and remedies of the employee and the employee's family against the employer for the injury or death. Exception: an employer that fails to secure required coverage is liable to the injured employee, at the employee's election, either for compensation under the Act or in a lawsuit at law. |
| Suing someone other than your employer | Yes. A worker's right to compensation is not affected when a third party is liable for the injury. The employee has the exclusive right to sue the third party if proceedings are started within 12 months after the injury; after that, if the employer has admitted liability in writing, either the employee or the employer may proceed, with rights reverting to the employee 60 days before the limitations period ends. The recovery is paid out in order: court costs and litigation expenses, the attorney fee (up to one third), reimbursement of the employer's compensation and medical payments, then the rest to the employee; a superior court judge may adjust the amount of the employer's lien. Source: N.C. Gen. Stat. § 97-10.2 |
| Filing a claim online | In North Carolina, give your employer written notice of a work injury immediately, and no later than 30 days after the accident. To claim benefits, file Form 18 with the NC Industrial Commission within two years (G.S. 97-24(a)); the employer's or carrier's Form 19 does not count as filing your claim. Form 18 can be filed online through the Commission's Online Services Center, which also accepts document uploads and lists scheduled hearings. Unrepresented claimants can call the Commission's Information Specialists at 919-716-1700 or 800-688-8349 for help with procedures and forms (not legal advice). Main line 919-807-2501; mail 1240 Mail Service Center, Raleigh, NC 27699-1240. File Form 18 online: https://ncic.my.site.com/s/form-18?language=en_US |
Find and check a lawyer
| Lawyer referral service | The North Carolina Bar Association's Lawyer Referral Service (LRS) refers members of the public to attorneys through its call center (919-677-8574) or an online self-referral. Using the LRS costs $50 for an initial 30-minute consultation with the attorney; fees for longer consultations and ongoing representation are set by each lawyer. The LRS does not make pro bono referrals, but people with limited income may qualify for NC Free Legal Answers. Call center number from NCBA LRS page: https://www.ncbar.org/members/benefits/lawyer-referral-service/ |
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| Check that the lawyer is licensed | The North Carolina State Bar's online Membership Directory lists the name and contact information of State Bar members and shows whether a lawyer is active and eligible to practice in North Carolina (statuses include Active, Inactive, Suspended, Disbarred and Revoked). Search by name or by city or state; listings show member type and State Bar ID and link to any final disciplinary decision or order. |
| Check discipline history or file a complaint | The North Carolina State Bar takes complaints (grievances) about lawyers through its online complaint portal or the PDF attorney complaint form (English or Spanish), or you can email complaints@ncbar.gov to request a form. Identify the lawyer, describe specifically what the lawyer did wrong, include copies of supporting documents and any witnesses, and give your contact information. Complaints against law firms are not accepted, and a complaint cannot be withdrawn once submitted. You are notified in writing when the matter is resolved; status questions go to grievancestatus@ncbar.gov. Past orders of discipline can be searched on the State Bar's website, and directory listings link to final disciplinary orders. Past orders of discipline: https://www.ncbar.gov/lawyer-discipline/past-orders-of-discipline/orders-of-discipline/ |
Free legal help
| Free legal aid | Legal Aid of North Carolina is a statewide nonprofit law firm that provides free civil legal assistance to people with low incomes; apply online through its website. The Legal Services Corporation (LSC) lists Legal Aid of North Carolina as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Carolina · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.