Understanding the NC Workers' Compensation Claims Process and Statute of Limitations
When you get hurt at work, you have a lot to worry about, like getting proper treatment for your injuries. However, while getting that treatment, you may wonder if you should also be taking timely steps to protect your right to collect workers’ compensation benefits. In other words, “Is there a statute of limitations on workers’ comp claims?”
The short answer: yes. But the workers’ comp claim time limits in North Carolina can also vary.
How Long Do You Have to File a Workers’ Comp Claim in North Carolina?
If you get hurt at work and believe you qualify for workers’ compensation benefits – medical benefits, for instance, or lost-wage benefits – you should take steps to file the claim as soon as possible. If you fail to take timely action, your claim could potentially be time-barred.
Under the North Carolina workers’ compensation statute of limitations, you must file your claim with the NC Industrial Commission within two years of the date you were injured.
If you believe you have an occupational disease or illness, you must file a claim within two years of the date of your diagnosis (and the date you were made aware the condition was related to your work) or the date you first became disabled by the illness or disease, whichever of those two dates is the latest.
If you were receiving medical benefits, and your employer terminated them, you must file your claim within two years from the date of your last employer-covered medical treatment.
What Is the Purpose of a Statute of Limitations in a Workers’ Comp Case?
The statute of limitations for workers’ compensation claims can protect injured workers and their employers alike. For instance, it can protect workers by preventing employers from trying to “run out the clock” and avoid paying a permanent disability claim by simply covering the worker’s medical expenses for a period after the accident. Under the law, the statute of limitations does not start to run until the employer ceases paying medical benefits.
It can protect employers by allowing them to assess claims while evidence and information are readily available and to take timely action to prevent future accidents.
When Do I Need to Report My Injury to My Employer?
You should give notice to your employer as soon as possible after you suffer a workplace injury. By law, you must give notice within 30 days after the injury occurs. An employer should provide you with information about how to report your accident.
How Do You Submit a Workers’ Comp Claim in North Carolina?
You can usually report your accident and injury by filing the appropriate form with the NC Industrial Commission. You must also give a copy to your employer.
What If My Workers’ Compensation Claim Is Denied?
After you review the reasons why your employer has denied your claim, you should seek assistance from an experienced workers’ compensation lawyer as early as you can. A lawyer can help you take steps such as filing a request for a hearing on your denied claim. A lawyer can also help you to pursue all benefits you are entitled to receive through an award or settlement.
Contact a North Carolina Workers’ Compensation Attorney Today
At Ward Black Law, we focus on helping people in Greensboro and throughout North Carolina with their personal injury claims, including those who have been hurt on the job. Our attorneys have what it takes to help you to pursue the compensation you deserve and need as you recover from a workplace injury. To learn more, contact us today.