How to file a Workers’ Compensation Claim in NC

If you are injured on the job in North Carolina it is your responsibility to both 1) give your employer notice of the injury or illness, and 2) file a NC Workers’ Compensation Claim with the North Carolina Industrial Commission.  This is true even if the employer knows about the injury or illness or is paying for medical treatment.  Do not rely on your employer to file a Workers’ Compensation Claim in NC with the Industrial Commission.

There are important time requirements to give notice and to file a Workers’ Compensation Claim in NC.  Many valid workers’ compensation claims in North Carolina are forever lost because the injured worker did not give timely notice to their employer or failed to file a NC Workers’ Compensation Claim with the NC Industrial Commission.

An injury by accident claim must be filed with the NC Industrial Commission within two years of the date of injury, unless wage replacement benefits are paid by the employer. If the employer has provided medical treatment then the claim must be filed within two years of the last payment for that treatment.

A claim for an occupational disease in North Carolina must be filed with the Industrial Commission within two years of the latter of 1) the date the employee is advised by a doctor that he or she has a work related disease, or 2) the date the employee is first disabled as a result of the condition.  If the employer or their workers’ comp insurance company has paid for medical treatment for the disease, the claim may be filed within two years of the last payment of medical expenses.

The employee should provide written notice of an injury by accident as soon as possible, but within thirty days.  The notice requirements for occupational disease and death claims are similar to the filing requirements and are discussed below.  If you have not given written notice within thirty days you may still be able to pursue your claim.  Contact a NC workers’ comp lawyer to talk about how to go forward.

The easiest and safest way for an injured worker to meet both the notice and filing requirements is to file a  Form 18 Notice of Accident with the NC Industrial Commission and to send a copy to the employer.  Do not delay.  If you are injured on the job you should file a Form 18 as soon as possible.

Because workers’ compensation in NC only covers injuries by accident be very careful in describing how the injury occurred when completing the Form 18. For example a convenience store employee who sustains a shoulder injury trying to catch a box that has shifted and is falling may find their claim denied if they report only that the injury occurred while “moving a box.” Moving a box is not an accident, but catching one that is falling is.

After  you file a Workers’ Compensation Claim in NC the employer or its insurance carrier should either accept the claim and begin paying benefits, or deny the claim. If the claim is denied, the injured worker has the right under North Carolina workers’ compensation law to request a hearing before the North Carolina Industrial Commission.

If you have questions about how to file a Workers’ Compensation Claim in NC please feel free to call experienced North Carolina workers’ compensation expert Kevin Bunn for your free consultation.

Tina Phillips
Tina Phillips
12:55 04 Oct 17
Attorney Kevin Bunn and his paralegal JoAnne are amazing!! Both worked very close with me and kept me up to date on all information that was going on in my Workers' Comp case. They both treated me with the utmost respect. Mr. Kevin Bunn was even able to obtained a fair settlement amount for me and I would diffidently recommend him to friends, family or just anyone looking for assistance with a workers' compensation claim. Thank you both again!!
Cheryl Mancini
Cheryl Mancini
19:13 28 Aug 17
Mr. Bunn went above and beyond helping us with sensitive advice. He was on vacation, and still took the time to go over our concerns. He is very well informed,and cared enough to take the time to explain every detail. I would highly recommend this wonderful attorney.
Kurt Kettering
Kurt Kettering
15:06 25 Jul 17
I really appreciate the personal touch Mr. Bunn gave to all aspects of the case. I am very satisfied with the way the case was handled and the outcome received. I would highly recommend Kevin Bunn to anyone in need of help with their workers compensation claim.
Jake St. Peter
Jake St. Peter
18:07 19 Jul 17
I've used Kevin in the past and was extremely pleased with the results. Highly recommended and trustworthy attorney.
André L. Farmer
André L. Farmer
17:10 27 Jun 17
I would highly recommend Kevin Bunn. He was very professional and responded promptly to all questions. I am very satisfied with his services and his staff.
Daniel Chido
Daniel Chido
07:23 21 Mar 17
Kevin Bunn is a great lawyer and a great man. I consider myself very lucky and blessed to have had him representing and working for me over the past few years. I found him by word of mouth while I was looking for a lawyer to handle my worker's compensation claim and my application for social security disability. He was one of the only lawyers I found in the area who would handle both of these. I knew from the first time I met him in person that he was the right choice. Kevin is a straightforward, honest, rational, down to earth and very kind person who went above and beyond to help me and to bring forth favorable results on all fronts for my situation. He always explained things well, we were always on the same page before making any moves, and I truly felt like he put me as a person first and foremost, before lawyer fees or anything else like that. I honestly only have positive things to say about Kevin and my experience working with him. Also, his paralegal JoAnne is awesome, and it always cheered me up to hear her voice on the phone. I highly recommend Kevin Bunn to anyone who is searching for top notch representation for their worker's compensation claim or social security disability application. Thank you, Kevin and JoAnne!
Terri Perry
Terri Perry
21:20 25 Jan 17
Mr. Bunn was straightforward and a highly respected good attorney. I recommend anybody looking for a workers' comp lawyer in NC contact Mr. Bunn. He can represent me any time.
Paul Kemper
Paul Kemper
00:37 31 Oct 16
I have used Kevin, twice for work related cases. Kevin, was open and honest with me and my wife. I highly recommend Kevin Bunn, for any injury claim case. If I ever need anything attorney for an injury I will use him again. His secretary Joanne Latta, was always helpful and friendly to us. Thank you Kevin Bunn for your expertise and help. Paul Kemper
shane cargain
shane cargain
19:00 17 Jun 16
One of the best experiences I've had with a lawyer! He gets the money that you deserve and doesn't quit until you are satisfied with the outcome! He knows his stuff when it comes to the law and I HIGHLY recommend him to anyone for workers compensation cases or anything else that involves the law! You can't go wrong with him by your side when you need a good lawyer to battle for you!
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Top Ten Tips and Traps for North Carolina Workers’ Compensation Claims

After twenty years of practicing workers’ compensation law in North Carolina I have seen just about every mistake an injured worker can make.  These mistakes range from failing to file their claim, to settling when they should not have, and everything in between. Download my Top Ten Tips and Traps for North Carolina Workers’ Compensation Claims

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