What Is the North Carolina Statute of Limitations for Workers’ Comp Claims?

If you suffer an injury at work in North Carolina, the statute of limitations gives you two years from the date of the injury to file your workers’ compensation claim. If you miss this two-year window, you might lose the right to claim workers’ comp benefits. This is why it’s so important to work with a knowledgeable workers’ comp lawyer who can check your injury date, determine the precise filing deadline, and handle your claim on time.

Are There Exceptions to the Workers’ Comp Claim Deadline?

In North Carolina, the general rule is that you must file a workers’ comp claim within two years of a workplace accident. However, certain exceptions to this rule could affect your filing deadline.

Occupational Diseases

One significant exception involves occupational diseases and chronic work-related injuries. These conditions, such as asbestosis from long-term exposure to asbestos or repetitive strain injuries from continuous manual work, often do not show symptoms immediately. Consequently, the two-year statute of limitations for these conditions does not apply when the exposure occurs. Instead, the filing window starts either when you became disabled or you knew or should have reasonably known that your condition is related to your job activities – whichever is later. For instance, if you received a diagnosis for hearing loss years after exposure to excessive workplace noise, you would have two years from the diagnosis date to file your claim.

Payments for Medical Treatment

Another exception could exist if your employer or insurance company has made any payments toward medical treatment for your injury. These payments can effectively extend the deadline for filing a claim. This is because each payment for medical care related to your injury resets the two-year filing window from the last payment date.

This extension prevents you from getting penalized for initially relying on your employer’s assistance before deciding to file a formal claim. However, tracking these payments and understanding their impact on your filing window can be complex. It’s best to consult a workers’ compensation attorney to clarify these details.

What Do I Have to Do Before the Deadline?

If you get hurt at work, tell your employer about what happened and how it occurred as soon as possible. Once you report your injury, your employer should take the next steps to ensure that their insurance provides the medical and wage loss benefits you need.

If your employer and their insurance handle everything the way they should, you might not need to file a formal workers’ comp claim. You typically only need to do so if your employer fails to report your injury, you have issues with their insurer, or you do not receive the correct benefits. To file a claim, you must submit Form 18 (Notice of Accident to Employer and Claim of Employee, Representative, or Dependent) to the Industrial Commission before the two-year deadline.

Keeping records of all your communications with your employer or their insurer and any documents related to your injury is essential. This documentation can support your case if you experience delays or issues in receiving your benefits and decide to file a claim. Always follow up with your employer to ensure they are taking the necessary actions on your behalf. If there are problems or delays, consult a workers’ compensation attorney who can explain your options and protect your rights.

How Soon Do I Need to Report My Injury to My Employer?

If you suffer a work injury in North Carolina, you should report it to your employer immediately. There is a strict 30-day deadline for this report. If you wait longer than 30 days, you risk losing your eligibility for workers’ compensation benefits.

Telling your employer right away allows them to start the process of getting you the workers’ comp benefits you are due. After you report the injury, your employer can inform their insurance company so they can start covering your medical care and wage losses. You must provide this notice in writing. Keep a copy for your records to show proof of the report if necessary.

How Long Do I Have to File an Appeal If My Claim Is Denied?

If your claim is denied, you must file a Form 33 (Request that Claim be Assigned for Hearing) within two years of the date of your injury or last benefit payment, whichever is later. The North Carolina Industrial Commission (NCIC) will order the parties to engage in mediation. If mediation does not resolve the issue, a Deputy Commissioner will conduct an informal hearing. The Deputy Commissioner will issue a decision in writing.

If this does not result in a resolution, your case will proceed to a formal hearing before the Deputy Commissioner, where both parties can present evidence and witness testimonies. Following the hearing, the Deputy Commissioner will issue a decision.

If you disagree with the Deputy Commissioner’s decision, you have 15 days from receiving the decision to file a Form 44 (Application for Review) to request an appeal before the Full Commission. The appeals process is complex and involves many strict deadlines, so you should work with an experienced workers’ compensation lawyer if you face a claim denial in North Carolina.

Is There a Statute of Limitations on Third-Party Workplace Injury Claims?

In North Carolina, you can file a third-party claim if someone other than your employer is responsible for your workplace injury. For these claims, you have three years from the date of the injury to file a lawsuit against the third party. For instance, you could file a claim against a manufacturer of faulty equipment, a contractor, or any non-employer who contributed to your injury.

A successful third-party claim could provide compensation beyond what you could obtain in workers’ compensation benefits. This could include compensation for the total value of your lost wages and subjective losses related to your work injury, such as pain and suffering. If you suspect you have a third-party work injury claim, you should contact a lawyer immediately to learn more about your rights and avoid missing any deadlines or filing requirements.

Contact a North Carolina Workers’ Compensation Lawyer

If you’re dealing with a workers’ compensation issue in North Carolina, don’t wait to get the help you need. Contact The Law Offices of John Drew Warlick, P.A. today. We offer a free initial consultation to discuss your case. Let us help you explore your options and take the necessary steps to pursue the benefits you are due.

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