The Timeline for Filing a Workers’ Compensation Claim
Getting injured at work is not only painful, but it can be incredibly stressful. Workers must figure out how to pay for their medical care and what to do if they lose wages due to an absence.
Workers’ compensation is available to North Carolina employees, but to earn these benefits employees should be aware of the time requirements for a claim.
Filing Period and Notification Requirements
To receive benefits through workers’ compensation, employees must file a petition with the North Carolina Industrial Commission within two years of the date of the injury they suffered while performing their job.
Also, before filing a claim, an employee must notify their employer, in writing, of the injury. An employee must notify their employer within 30 days of the injury or when a chronic injury begins to occur. This notice needs to be in writing to protect employees by keeping a record of the notice.
Missing the Timeline
Failure to notify an employer within thirty days or file with the North Carolina Industrial Commission within two years will be a bar to an employee’s claim for compensation.
Following the timelines for filing a workers’ compensation claim does not guarantee that the employee will receive benefits, but failure to do so will be a bar to recovery.
Robert “Bob” Warlick was born and raised in Jacksonville, North Carolina. He graduated from Jacksonville High School and attended the University of North Carolina at Wilmington and Campbell Law School, where he was awarded his Juris Doctorate. Bob has been practicing law in Jacksonville since 1997 with extensive experience litigating claims involving motor vehicle accidents resulting in serious personal injury or death. He has also litigated numerous cases involving complex insurance coverage issues and first-party bad faith insurance claims.
