Appealing a Denied Workers' Comp Claim in North Carolina
The deadline to challenge a denied workers' comp claim in North Carolina, where to file, and the steps from hearing to appeal.
Short answer: 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. N.C. Gen. Stat. §§ 97-24(a), 97-85(a), 97-86
| 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 ; |
|---|---|
| Appealing a denial | A party may apply for review of a Deputy Commissioner's award by the Full Commission within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals on errors of law within 30 days from the date of the award or of receipt of notice of it; the Commission's findings of fact are otherwise conclusive. Source: N.C. Gen. Stat. §§ 97-85, 97-86 |
| 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. |
Where to get help in North Carolina
More North Carolina workers' compensation
- Filing a Workers' Comp Claim in North Carolina
- How Much Workers' Comp Pays in North Carolina
- Workers' Comp Settlements in North Carolina
- Retaliation for Filing Workers' Comp in North Carolina
- Suing Over a Work Injury in North Carolina
- All North Carolina workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in North Carolina?
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.
How do you appeal a denied workers' comp claim in North Carolina?
A party may apply for review of a Deputy Commissioner's award by the Full Commission within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals on errors of law within 30 days from the date of the award or of receipt of notice of it; the Commission's findings of fact are otherwise conclusive.
What is the deadline to file a workers' comp claim in North Carolina?
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.
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.