How to File a Workers’ Compensation Claim in North Carolina

Experienced Charlotte worksite injury lawyers helping you make a claim for benefits

An injury at work can turn into a financial disaster. Your family may lose its sole breadwinner. Or, you may need to quickly get used to living on one income instead of two. At the same time, you may face massive medical bills. This is why you need to know your workers’ compensation rights. At Warren & Kallianos, PLLC, we are here to explain those rights to you. We can also help you to explore all options available to you.

Here, we describe how to file a workers’ compensation claim in North Carolina. We also talk about the role that a lawyer can play in your case. Keep in mind: the process is rarely smooth and glitch-free. Unfortunately, many employers and insurers make it hard for injured workers to get the medical and disability benefits they deserve. It helps to work with an attorney who knows how to overcome obstacles.

Steps When Filing a Workers’ Compensation Claim in North Carolina

The workers’ compensation system in North Carolina can cover all of your work injury-related medical expenses and some – but not all – of the wages you lose due to your inability to work or to work like you did before. So, you should certainly learn more about your right to these benefits. You also should know the following steps that go into filing a workers’ compensation claim in our state:

  1. Give notice to your employer. You may be entitled to workers’ compensation if you were injured on the job or developed an occupational disease due to your job environment. The first thing you must do to preserve your rights is to notify your employer. You should do this as fast as possible. Unless your employer has actual knowledge of your work-related accident and injury, the law generally requires you to notify your employer in writing within 30 days of your work injury. If you claim an occupational disease, you must generally notify your employer within 30 days of your initial diagnosis.
  2. Get immediate medical attention. When you are injured on the job, your employer’s work comp insurance carrier will have the right to ask that you receive medical care from its in-network providers. Emergency medical care will be billed to the insurance carrier rather than your health insurance. In most cases, the insurance carrier must authorize any follow-up care ordered by your treating physician. However, disputes often arise when an insurer refuses to approve a medical provider or type of treatment. An experienced attorney from our firm can help in this area.
  3. Follow your doctor’s orders. In the majority of cases, you should follow doctor’s orders as closely as possible. For instance, if you have been instructed not to lift more than 20 pounds, don’t do it. Failing to follow a doctor’s orders can hurt you and your case. The employer’s doctors determine when you can return to work. Often, disputes arise over whether your old job or the job you are offered is suitable based on your injuries.  You should also be aware of your rights to a second opinion.
  4. Write down everything. Each time you speak to someone about your case, keep notes. You may even wish to keep a log of your injuries and how they affect your daily life.
  5. Keep copies of everything. Workers’ compensation cases can take a long time to resolve. Still, throughout your case, you should keep everything, including medical bills and records, accident or incident reports, employer documents, disability statements, photographs, notes from conversations with healthcare providers and witness names.
  6. File your workers’ compensation claim. You have two years from the date of your injury or initial diagnosis with an occupational disease in order to bring your claim before the Industrial Commission. This statute of limitations is strict and cannot be waived by agreement or due to a mistake. The best option for both notifying your employer and preserving your rights is to file a Form 18 “Notice of Accident”within 30 days. Your attorney can assist with this process.

You Can Request a Hearing if Your Claim for Compensation Is Denied
Many workers’ compensation claims are denied initially by employers and their insurers. As soon as you are notified of the denial, you may submit your request for a hearing, or Form 33, to the Industrial Commission.

The sooner you call an attorney, the better. Often, a lawyer can take procedural and strategic steps early in your case which can improve your chances of a swift and successful claim. At Warren & Kallianos, our consultations are always free. So, you have nothing to lose by simply giving us a call.

As a Contractor, Can I Collect Workers’ Compensation Benefits?

No, you cannot. Contractors are not entitled to workers’ comp. Instead you would need to file a third-party personal injury lawsuit against your employer or the person who is accountable for your injuries. If you were hurt because of a defective product, like a faulty press or a malfunctioning forklift, then you may be able to file a lawsuit against the manufacturer.

What Other Benefits Am I Entitled to Receive?

If you are injured on a worksite or in the course of your duties, you may be entitled to additional benefits. They include:

  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)
  • Veterans’ Benefits (VA)

You should know that in some cases, accepting additional benefits may cause your workers’ compensation to be canceled. For example, you cannot collect Disability and Comp at the same time. However, if you are awarded compensation for disfigurement, your award will not be reduced nor reclaimed if you apply for Disability.

Charlotte’s Trusted Legal team for Workers’ Compensation Claims

Strict deadlines and notice requirements apply to workers’ compensation claims in North Carolina. So, don’t wait too long to act. For peace of mind, call a team of attorneys with the experience and resources to tackle even the most complex workers’ comp cases. Contact Warren & Kallianos today by calling 704-275-5593, or by filling out our contact form.

Hablamos Español

Best Lawyers Top 100 Lawyers Million Dollar Advocates Super Lawyers BBB A Plus

Free Consultation

Testimonials

He’s honest and dedicated to his clients

"Chris Kallianos was my lawyer for over a year after a bad car accident. He’s honest and dedicated to his clients, and I would recommend him to anyone that needs a lawyer in the future."

Client

Warren & Kallianos
2018-10-07T23:31:05+00:00

Client

"Chris Kallianos was my lawyer for over a year after a bad car accident. He’s honest and dedicated to his clients, and I would recommend him to anyone that needs a lawyer in the future."

I recommend them to everyone.

"Great people to help me with my case, Great Lawyer and Paralegals. they always answered the phone, always had a response for my question. I recommend them to everyone. they also have someone that speaks Spanish (for my parents) I am thankful for everything and time that they give me. thank you so much, God bless."

Client

Warren & Kallianos
5.0
2018-10-07T23:27:01+00:00

Client

"Great people to help me with my case, Great Lawyer and Paralegals. they always answered the phone, always had a response for my question. I recommend them to everyone. they also have someone that speaks Spanish (for my parents) I am thankful for everything and time that they give me. thank you so much, God bless."

I would definitely recommend them to any and every one!

"We were referred to Jeff Warren from another attorney and had a great experience with my son’s medical injury case/settlement, I have always been hesitant about personal injury lawsuit’s and attorneys but Jeff and his practice made the whole process easy and stress free from the beginning to the end. I would definitely recommend them to any and every one!!! We are very grateful to Jeff and his staff for all their patience and knowledge."

Client

Warren & Kallianos
5.0
2018-10-07T23:22:13+00:00

Client

"We were referred to Jeff Warren from another attorney and had a great experience with my son’s medical injury case/settlement, I have always been hesitant about personal injury lawsuit’s and attorneys but Jeff and his practice made the whole process easy and stress free from the beginning to the end. I would definitely recommend them to any and every one!!! We are very grateful to Jeff and his staff for all their patience and knowledge."

Committed Personal Injury Attorneys

"Having worked with both Chris and Jeff, as well as their office staff, I can say with confidence that they are the most sincere, committed personal injury attorneys I have ever met. They are passionate about making sure their clients get a fair settlement, and are sympathetic to the disruption and even trauma that the whole process can create. It helps that they are a small team, and everyone knows the clients and their situations."

Client

Warren & Kallianos
5.0
2018-09-28T23:52:45+00:00

Client

"Having worked with both Chris and Jeff, as well as their office staff, I can say with confidence that they are the most sincere, committed personal injury attorneys I have ever met. They are passionate about making sure their clients get a fair settlement, and are sympathetic to the disruption and even trauma that the whole process can create. It helps that they are a small team, and everyone knows the clients and their situations."

Not sure how we would have managed without this Law Firm

"Not sure how we would have managed without this Law Firm. They have been extremely compassionate about my husbands injury causing disability – which has been a life changing event for our family. They are always available to talk with us no matter when we call. They have kept us up to date regarding the case, which has kept us from worrying. I would recommend this Law Firm to anyone who needs legal help."

Client

Warren & Kallianos
5.0
2018-10-07T23:29:03+00:00

Client

"Not sure how we would have managed without this Law Firm. They have been extremely compassionate about my husbands injury causing disability – which has been a life changing event for our family. They are always available to talk with us no matter when we call. They have kept us up to date regarding the case, which has kept us from worrying. I would recommend this Law Firm to anyone who needs legal help."

I would highly recommend Mr. Kallianos and his staff

"Chris Kallianos has been such a blessing to our family during this trying time! He has done an excellent job in making sure we are informed of what is going on with our case. I would highly recommend Mr. Kallianos and his staff if you have a personal injury you are dealing with. We truly appreciate all of your hard work! Best lawyer around!"

Client

Warren & Kallianos
5.0
2018-10-07T23:25:16+00:00

Client

"Chris Kallianos has been such a blessing to our family during this trying time! He has done an excellent job in making sure we are informed of what is going on with our case. I would highly recommend Mr. Kallianos and his staff if you have a personal injury you are dealing with. We truly appreciate all of your hard work! Best lawyer around!"
5
5
Text Us704-275-5593