Employees who suffer harm while on the job, whether through illness or physical injury, are entitled to certain benefits through the North Carolina workers’ compensation system. For those looking to file a claim, it is critical to understand the various timeframes required. In addition to understanding the window in which to file, many workers ask, “What is the waiting period for workers’ compensation in North Carolina?”
The Workers’ Compensation Claim Process
If you have suffered an injury or illness while at work, it is imperative that you first seek immediate and appropriate medical attention. Getting proper medical care is the most important step you should take in every case. You can inform your healthcare provider at the time of care that the injury is work-related. Doing so can provide crucial documentation that can help your claim later.
Once you’ve received the necessary care, it is important to inform your employer of your injury or illness as soon as you are able. In North Carolina, an employee has 30 days from the time of an incident to report it to their employer. Once reported, your employer has a limited time to file with the North Carolina Industrial Commission.
After informing your employer, you should complete and submit Form 18, Notice of Accident to Employer and Claim of Employee, to the commission. Workers’ compensation law allows two years from the date of the injury to file this claim, but doing so as soon as possible is the most advisable.
What Is the Waiting Period for Workers’ Compensation?
In North Carolina, the workers’ compensation system includes several types of benefits, including coverage for medical costs and wage replacement to reimburse lost income as a result of missing work. For medical benefits, there is no waiting period, as coverage for all necessary treatments related to the injury is available immediately.
There is, however, a seven-day waiting period before wage replacement benefits begin. Workers’ comp does not cover lost wages resulting from the injury for the first seven calendar days of disability. These initial seven days can become retroactively payable if the disability extends beyond 21 days. During this waiting period, employees can generally utilize paid leave options provided by their employer, such as sick time or vacation hours.
When To Speak With a Workers’ Compensation Attorney
Workers’ compensation is the right of every employee, and it is important that you receive the compensation you deserve, no matter the injury. By working with a Greensboro workers’ compensation attorney, you can ensure that you complete the filing process appropriately and expediently. Additionally, your attorney can help you understand when your claim may require further legal action. For instance, you should talk with an attorney if you have:
- A claim denied. If either your employer or the insurance company disputes your injuries or outright denies your claim, an attorney can help you appeal the decision by gathering necessary evidence for your claim.
- Severe injuries. When your injuries result in permanent disability or require extensive medical care, your attorney can help you recover the damages appropriate to your losses. Often, the true extent of your losses from an injury extends well beyond the medical attention required and affects your quality of life and future employability.
- Suffered retaliation. In some cases, a worker may experience adverse actions by their employer, such as demotion, lost hours, or termination. If this happens to you in response to filing a workers’ compensation claim, it violates the law, and your attorney can help you protect your rights.
- Pre-existing conditions. Employers may argue that an injury isn’t work-related if it involves a pre-existing condition. An attorney can assist you with proving that the work-related incident aggravated your condition and ensure that you receive the proper compensation.
While the workers’ compensation system is designed to provide benefits to employees for qualifying work-related injuries, some cases are the result of gross negligence on the part of a third party. In these cases, your attorney can help you pursue a personal injury case in addition to the workers’ compensation claim for damages resulting from the third party’s negligence.
FAQs
Q: How Long Does It Take to File a Workers’ Comp Claim in North Carolina?
A: In North Carolina, the timeframe for filing a workers’ compensation claim can vary. While the actual process of filing can be done in as little as a few hours, your employer has five days from the time you report your injury to file with the North Carolina Industrial Commission. The insurance company then has 14 days to inform you of the claim decision. Once accepted, there is a 7-day waiting period before wage replacement benefits begin.
Q: How Does Workers’ Compensation Work in North Carolina?
A: The workers’ compensation system in North Carolina is designed to provide certain benefits to employees who have suffered work-related injuries or illnesses. These benefits include medical coverage, wage replacement, disability benefits, and rehabilitation. If you experience an injury at work, you must first notify your employer of the occurrence and then submit a claim. NC workers’ compensation laws allow workers to dispute the benefits resolution if they are denied or disagree with the benefits provided.
Q: What Is North Carolina’s Timely Filing for Workers’ Compensation?
A: Injured employees have two years from the date of the injury to file a claim for workers’ compensation in North Carolina; however, workers must inform their employer of the injury within 30 days of its occurrence. Failure to meet the requirement of properly informing your employer could significantly delay or even disqualify you from receiving benefits. It is crucial for any worker who has been injured at work to file their claim as soon as possible.
Q: What Is the Coming and Going Rule in Workers’ Comp in NC?
A: North Carolina workers’ compensation benefits are generally not available for employees who sustain injuries while traveling to or from work. This is called the “coming and going” rule. Workers may be eligible for benefits if the injury occurred under certain conditions.
These exceptions, such as if the employee was running a work-related errand or using a work-provided vehicle, are crucial to understand, as they could determine compensability. It is, therefore, important to consult with an experienced legal professional.
Discuss Your Claim With an Experienced North Carolina Workers’ Compensation Lawyer
If you’ve been injured at work, it is crucial to secure the workers’ compensation benefits you deserve. It is also important to understand the various timeframes required in order to successfully file your claim. Contact M. Reid Acree, Jr., Attorney at Law, P.A. to discuss your claim and understand your options. Secure your workers’ compensation benefits today.