What is the process for workers’ compensation claims in North Carolina? Generally, employees must report their accident to their employer, seek medical treatment, and then file the appropriate claims with the state’s official workers’ compensation agency.
You can get detailed information about each of these steps from a Raleigh workers’ compensation lawyer from our team at the Whitley Law Firm. We work quickly to address your concerns and provide fast answers.
Call or fill out our online contact form to begin.
Begin the Workers’ Compensation Process by Notifying Your Employer
The first step in handling a workers’ comp claim in the state of North Carolina involves telling your employer about the accident. We recommend notifying your employer immediately and requesting a copy of your official accident report.
Technically, the workers’ compensation system in North Carolina gives you up to 30 days to notify your employer. However, waiting can make it easier for your employer to claim that your injuries came from an accident outside of work.
Do You Need a Specific Form to Notify Your Employer?
Workers in North Carolina can inform an employer of an accident in writing or by directly reporting the incident to a manager and requesting a copy of an official accident form.
You may also file a Form 18 directly to the North Carolina Industrial Commission to report your accident and give a copy of this form to your employer.
For a free legal consultation, call (800)785-5000
Seek Treatment for Your Injuries After a Workplace Accident
It’s essential that you seek prompt medical treatment for any injuries if you want to file a workers’ comp claim. For example, you may need care for:
- Broken bones
- Burns
- Chemical exposure
- Sprains
- Strains
- Head, neck, and back injuries
You can learn more about the types of injuries covered by workers’ compensation with our team.
Getting prompt treatment can establish that your accident came from a workplace incident. You may need to visit a doctor approved by your employer in some cases. Following these regulations can make it easier to secure funds for your losses.
Report Your Accident to the Industrial Commission
After an on-the-job accident, you’ll need to file a Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for NC Workers’ Compensation Benefits. You need to submit this form to the North Carolina Industrial Commission.
Generally, workers file this form soon after an accident, typically within 30 days. However, you may file a claim for up to two years. We find that employees have more success when they file a claim promptly after an accident.
After filing a Form 18, you should provide a copy to your employer or the workers’ comp insurer covering your employer. Make sure you keep a copy of your submission for your own records.
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Wait for a Response
After you officially file a workers’ comp claim, your employer will generally respond within two weeks or 14 days, though the Industrial Commission does sometimes grant extensions to employers. Regardless, your employer will respond with one of three forms:
Form 60
If you receive a Form 60, it means your employer agrees with your claim and will cover your medical bills and a percentage of your lost wages.
Form 61
Employers only use Form 61 to deny a workers’ comp claim. The form means your employer refuses to cover your losses. The form should include the reasons that your employer denied your claim.
Form 63
Finally, you may receive a Form 63. This form means that your employer will provisionally pay your benefits but may decide to terminate benefits after an investigation.
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What Happens After You Get a Workers’ Compensation Response?
Depending on the response you get to your workers’ comp claim, you may receive funds to cover your losses and move on from the accident. However, you may want legal help if you receive a refusal of benefits.
You may also work with a personal injury lawyer in Raleigh even if your employer approves your claim. Workers’ comp only covers medical bills and a percentage of your lost pay, ignoring your pain, suffering, and other potential losses.
You may have a chance to secure additional compensation for your losses through a lawsuit in some situations. Generally, you can’t sue your employer, but you may sue a third party involved in an accident. We can review your unique situation and provide more advice.
Speak to Us About the Process of Filing a Workers’ Compensation Claim
What is the process for workers’ compensation claims in North Carolina? You’ll need to inform your employer and the Industrial Commission about the accident and seek care for your serious injuries. You can review each step in more detail by contacting the Whitley Law Firm.
You can get a free case evaluation when you call or fill out our online contact form.
Call (800)785-5000 or complete a Free Case Evaluation form