A work-related injury can stop life in its tracks. Medical bills can suddenly start piling up, and you may miss weeks or even months of work – all while you’re still hurting and trying to make sense of a complicated legal system.
North Carolina’s workers’ compensation system exists to protect you in exactly this type of situation. Still, it only works in your favor if you follow the right steps in the right order. If you don’t know how to file a workers’ comp claim or where to begin, an experienced attorney at Younce, Vtipil, Baznik & Banks can help you fight for the full compensation you are owed.
Steps to File a Workers’ Comp Claim
The workers’ comp claims process in North Carolina involves several key steps, and missing any one of them could potentially put your benefits at serious risk. Here’s what you can do to keep your case on track.
Report Your Injury to Your Employer
Inform your employer about the workplace accident as soon as possible, as delays could complicate your claim. A verbal report to a supervisor is not enough. Put it in writing and include the date, the nature of the injury, and how it happened. Keep a copy of the report for your own records.
Seek Medical Attention
Ask your employer where they want you to go to get medical treatment. Get medical treatment as soon as possible after any workplace injury, even if it seems minor at first. A doctor can diagnose and treat any injuries and document everything in your medical records, which will form the foundation of your claim. Tell them that your injury is work-related and request an out-of-work note if you cannot return to work.
Keep in mind that your employer or their insurance carrier typically has the right to send you to a specific authorized treating physician in non-emergency situations.
Contact an Attorney
Before you sign anything or give a recorded statement to an insurance adjuster, talk to a workers’ compensation attorney. Insurance carriers employ experienced adjusters and defense attorneys whose job is to minimize what they pay out on claims. A single misstep early in the process, such as an offhand comment during a recorded call or a poorly worded written statement, could significantly damage your claim.
Our lawyers can review the details of your situation, explain your rights under North Carolina law, and help you avoid the mistakes that cost far too many injured workers the benefits they need.
File the Proper Paperwork
To formally initiate your claim, you or your lawyer must file the workers’ comp claim form (Form 18) with the North Carolina Industrial Commission (NCIC) and your employer. This form puts them both on notice of your job-related injury and your intent to seek benefits. Filing the Form 18 officially stops the statute of limitations from running.
Your attorney can help you complete the form accurately and in a way that will avoid unnecessary problems, gather the supporting documentation you’ll need, and make sure everything reaches the correct parties on time.
Waiting Period
Your employer’s insurer should then investigate your workers’ compensation claim. If they determine you’re eligible for benefits, you should start receiving payments within two weeks.
It’s important to note that North Carolina imposes a seven-day waiting period for workers’ comp wage replacement benefits. This means you generally won’t receive compensation for the first seven days you miss work unless your disability lasts longer than 21 days. If your injury keeps you out of work for more than 21 days, you can claim retroactive benefits for the seven-day waiting period.
Appeal Any Denied Claims
A claim denial is not the end of the road. The NCIC has a formal appeals process for denials, and many workers successfully overturn initial rejections. This appeals process involves an evidentiary hearing before a Deputy Commissioner of the Industrial Commission.
If an insurance carrier denies your claim, contact a knowledgeable lawyer right away. Deadlines apply at every stage of the appeals process, and our legal team can help you act quickly to protect your rights.
Key Deadlines in the Workers’ Comp Claims Process
The time frame to file a workers’ comp claim matters enormously in North Carolina. These two deadlines can potentially make or break your case:
- 30-day written notice – Under North Carolina law, you generally must report your workplace injury to your employer in writing within 30 days of the injury date (C.G.S. § 97-22). However, some exceptions may apply. If 30 days have already passed since your on-the-job injury, don’t lose hope. Contact Younce, Vtipil, Baznik & Banks anyway. We may be able to find a way around the 30-day rule.
- 2-year filing deadline – You generally have two years from the date of your injury to file a workers’ comp claim with the NCIC (C.G.S. § 97-24). This is a much harder deadline than the 30 day rule. Miss this deadline, and you’ll likely lose your right to seek benefits forever from this injury.
The sooner you contact an attorney and start the claims process, the better.
Common Mistakes to Avoid When Filing a NC Workers’ Comp Claim
The process of filing a workers’ comp claim might sound straightforward, but even small errors can have serious consequences for your case. Watch out for these common pitfalls:
- Verbal-only reporting – Always properly report your injury in writing. A verbal report to a supervisor typically won’t satisfy North Carolina’s written notice requirement.
- Gaps in medical treatment – Failure to follow your doctor’s treatment recommendations can give insurers grounds to argue that your injury isn’t that bad or that you made it worse by refusing to take care of yourself. Attend every appointment and follow through on every referral.
- Failure to get an out of work or restrictions note – If you will miss time from work because of your injury, you need to get a note in writing from your doctor. The note may simply take you out of work for a specific period of time, or it may list physical restrictions that would make it impossible to do your job. Make sure you get the note to your employer right away.
- Social media activity – Posts, photos, videos, and check-ins on social media can all undermine your claim. Insurance adjusters routinely look for this kind of digital evidence. Keep a low profile online for the duration of your case. What you may think is a perfectly innocent post can be taken out of context.
- Recorded statements without counsel – Insurance adjusters are trained to ask questions in ways that produce answers they can use against you. Do not provide a recorded statement to any insurance representative until you have spoken with an attorney. Workers’ comp law is full of quirks in which an innocent statement can do serious harm to the case. For instance, the adjuster may ask if you were doing your normal job in the normal way you do it all the time when you got hurt. Answering that question with a “Yes” may do serious harm to your case. That makes no sense to the average person, but it’s just the way NC workers’ comp law works. Make sure you have an experienced North Carolina workers’ compensation lawyer with you whenever you give a statement.
- Downplaying or exaggerating symptoms – Some injured workers minimize their pain or other symptoms. Others may exaggerate in order to get someone to listen to them. Be honest and thorough with your medical providers. Accurate documentation of your symptoms and limitations is essential to a fair recovery.
- Assuming a denial is final – A denied claim is not necessarily a lost cause. Many denials get overturned through the appeals process. Don’t walk away from your rightful workers’ compensation benefits without at least consulting an experienced North Carolina workers’ comp attorney first.
- Incorrectly describing how the injury happened – If the accident or occupational disease is written correctly from the start, you can avoid unnecessary denials.
Just because you may have made one of these mistakes doesn’t mean your claim is ruined. Our experienced workers’ comp attorneys can review your case and determine how we can help.
How a Workers’ Compensation Lawyer Can Help with Your Claim
Filing a workers’ comp claim in North Carolina is a complex legal process, and your actions throughout this process can have real consequences. When you have the right attorney in your corner from day one, it can make a meaningful difference in your claim.
At Younce, Vtipil, Baznik & Banks in Raleigh,NC, we’ve spent over 100 combined years fighting for injured workers across North Carolina, securing over $150 million in settlements and verdicts* on their behalf to date, including:
- $3,336,000 wrongful death and workers’ compensation settlement
- $2,625,000 workers’ compensation settlement in a construction accident case
- $700,000 workers’ compensation settlement for a traumatic brain injury
Results like those come from experience, preparation, and a refusal to back down when insurance companies resist. That’s proven by our success going up against some of the largest insurance companies in America and winning.
When you choose our firm, you’ll work directly with a licensed North Carolina workers’ compensation attorney, not an intake worker or case manager. The lawyer you start with will be your lawyer throughout your entire case. And our state-of-the-art case tracking system allows us to keep up with every development so nothing slips through the cracks.
We also offer fully bilingual services. We have staff members who are fluent in both English and Spanish, and we’re proud to serve North Carolina’s Spanish-speaking community with the same level of personalized attention and honest counsel we provide to every client.
We work hard to earn the trust of those we represent, and most of our cases come to us through referrals from current or former clients. Here’s what one long-time client had to say:
“We are very grateful with this firm. They have been our lawyers for more than 17 years, always excellent service and good communication, in Spanish or English! Younce, Vtipil, attorneys at Law always fighting for the rights of their clients!! For that reason I give them 5 stars if I could I would give them more!!!!” – Javier Pintos
Our Raleigh Workers’ Compensation Lawyers Are Ready to Help
If you’ve suffered a workplace injury, the steps you take right now will shape the outcome of your claim. You need to act quickly, but you don’t have to go through this alone.
The workers’ comp claim process in North Carolina has strict deadlines, complex procedural rules, and insurance companies working against you at every turn. Let Younce, Vtipil, Baznik & Banks handle the legal fight so you can focus on your recovery. Contact us today to get started with your free consultation.
*Each case is unique, and past results do not guarantee future outcomes.
