Filing a Workers' Comp Claim in North Carolina

The injured employee must give the employer written notice of the accident immediately or as soon as practicable. No compensation is payable unless written notice is given within 30 days after the accident (or death), unless the Industrial Commission accepts a reasonable excuse and is satisfied the employer was not prejudiced. Compensation and doctor fees that accrue before notice may be denied unless the employer already knew of the accident or the worker was prevented from giving notice by incapacity or fraud.

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.

Give the employer written notice of the accident, then file a claim with the Industrial Commission on Form 18 (Form 18B for lung disease). If the employer or carrier denies the claim (they file a Form 61), the employee may request a hearing before a Deputy Commissioner by filing a Form 33. Unrepresented workers can call the Commission's Information Specialists at 919-716-1700 or 800-688-8349 for help with procedures and forms (not legal advice).

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.

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.