North Carolina Workers' Comp “Statute of Limitations”
Key Takeaways
- How long do you have to report a work injury in North Carolina?
You should report your injury immediately and no later than 30 days after the accident. - How long do you have to file a workers’ compensation claim?
Most injured workers have two years from the date of injury or diagnosis to file with the North Carolina Industrial Commission. - What happens if you miss a deadline?
Missing required deadlines can permanently prevent you from receiving workers’ compensation benefits. - Should you report your injury in writing?
Yes. Written notice (email, text, or injury report) helps protect your claim and prevent disputes. - Do occupational disease cases follow different rules?
Yes. The filing deadline typically begins when a medical professional diagnoses the condition, not when symptoms first appear. - How long do workers’ comp benefits last?
Benefits continue as long as medical treatment or disability qualifies under North Carolina law, depending on injury severity. - Can a lawyer help if a claim is denied or late?
An experienced workers’ compensation attorney may help challenge denials and protect your eligibility for benefits.
When you get an on-the-job injury, you may wonder how long you have to file a workers’ compensation claim.
The North Carolina Workers’ Compensation Act technically does not have a “statute of limitations” like a civil lawsuit. That being said, there are very important time limits for reporting an injury. In general, you must notify your employer about your injuries as soon as possible, within 30 days. You then have two years from the date of the injury to file a workers’ compensation claim with the North Carolina Industrial Commission. If you fail to file a claim within the two-year period, the Industrial Commission no longer has jurisdiction over the case and it is lost.
The best course of action is to notify your employer in writing (email, text message, letter, official injury report all work) and to file the claim with the Industrial Commission as soon as possible. The longer you wait to report, there is a better chance and opportunity for the insurance company to deny your claim.
Missing these critical deadlines can compromise your ability to get the benefits you deserve. You need help figuring out how the deadlines apply in your case.
The experienced North Carolina workers’ compensation lawyers of Kornbluth Ginsberg Law Group, P.A., can help. We have over a century of combined experience, and we have secured significant compensation for our clients. We want to put our knowledge, resources, and resolve to work for you now.
Contact our office today or call us 24/7 at 919-980-9895 for a free consultation with an experienced workers’ compensation attorney. Kornbluth Ginsberg serves clients in the Triangle and throughout North Carolina from our offices in Durham and Sanford.
Get directions to our Workers’ Compensation Law Firm
How Long Can You Wait to Claim Workers’ Compensation?
If you fail to report your injury to your employer in writing within 30 days, you may be ineligible for benefits. Some narrow exceptions to the 30-day notice requirement may apply in certain circumstances, but the North Carolina Industrial Commission must be satisfied that there was a good reason for the delay, such as physical or mental incapacity, and that the delay did not prejudice the employer and its workers’ compensation insurance carrier.
The ultimate deadline for filing a workers’ compensation claim with the North Carolina Industrial Commission is two years from the date of work-related injury or diagnosis of an illness that resulted from workplace exposure. Under the Workers’ Compensation Act, failing to file a claim before the deadline expires results in a permanent bar to any compensation under the Act.
How Long Do You Have to Report a Work Injury to Your Employer?
You should report your injury to your supervisor right away, but at least within 30 days of the date of injury.
Although you can report your injury verbally, and that should be sufficient, unscrupulous employers may attempt to claim that no such report was made. For that reason, turning in a written report of your injury and keeping a copy of your records is critical to protect your claim. An emailed notice is often the best route.
Under the statute, if your report is late without a good reason, the Industrial Commission could determine that you are ineligible for benefits. Prompt written reporting is wise.
How Long Do Workers’ Comp Benefits Last in NC?
How long workers’ compensation benefits last depends on the specific circumstances of each injured worker’s case. Severe injuries will take longer to heal and are likely to keep an injured worker from returning to work for a longer period. Less severe injuries might resolve more quickly and result in a shorter period of benefits.
Medical Benefits
Your employer and its insurer will pay for medical expenses required to treat your work injury if you have a valid workers’ compensation claim. However, the employer or their insurer has the right to select the doctor who treats you. You may request a doctor of your choice in a petition to the Industrial Commission, but you will have to show that the change is “reasonably necessary to effect a cure … or lessen the period of disability.”
Your employer should pay for your medical expenses until your condition is cured, or is as cured as it can be. If you sign a settlement agreement to close your claim, the insurer may request that you waive any future medical treatment in exchange for the settlement.
Wage Replacement Benefits
Temporary total disability benefits (TTD) last for as long as your doctor determines that your work injury prevents you from working in any capacity. The insurer can challenge your doctor’s opinion by requesting an independent medical evaluation (IME) by a doctor not involved in your care.
Temporary partial disability benefits (TPD) are paid while you are still recovering from your injuries, and your doctor allows you to return to restricted work that pays less than your pre-injury job. When you can return to your regular job, TPD benefits stop.
Permanent partial disability benefits (PPD) are paid for the number of weeks allowed by the schedule of injuries set out in the Workers’ Compensation Act when taken together with the impairment rating assigned by your doctor. For example, if your doctor gave your hand injury a 25 percent impairment rating, you would be entitled to 50 weeks of benefits, as a 100 percent loss of use of the hand would entitle you to 200 weeks of benefits.
What Are Some Exceptions to NC’s “Statute of Limitations” on Workers’ Compensation Claims?
While the statute of limitations for workplace injury claims in North Carolina is generally two years from the date of injury, there are some narrow exceptions.
- In occupational disease cases (this includes injuries related to exposure to things like asbestos and cotton dust and also can include injuries like bursitis and repetitive motion injuries such as carpal tunnel syndrome), the deadline for these cases is two years from the date of diagnosis by a competent medical authority, rather than from the date of injury.
What Happens If You Miss the Deadline?
Missing any of the workers’ compensation deadlines can lead the employer or the workers’ compensation insurance company to deny your claim and refuse to pay benefits. However, you may still have options to seek benefits even if you believe you missed a deadline.
At Kornbluth Ginsberg, we are experienced at helping clients with difficult claims. We know how to present a persuasive case before the Industrial Commission that benefits should not have been denied. We understand the nuances of the Workers’ Compensation Act and the procedural rules of the Industrial Commission. We are ready to review your unique circumstances, advise you about your rights and legal options, and make the best possible argument in your case.
If you have further questions about North Carolina workers’ compensation, our FAQs provide clear answers to some of the most common concerns injured workers face.
Get Help with Your Workplace Injury Claim from Kornbluth Ginsberg
Even if you think the statute of limitations on your workers’ comp claim might bar you from getting the benefits you deserve as an injured worker, do not give up. The experienced workers’ comp lawyers at Kornbluth Ginsberg are ready to review your situation and determine your options.
Contact us online or call 919-980-9895 now for your free consultation.
