Do You Have to File Workers’ Comp if You Get Hurt In North Carolina?

When you sustain an injury at work, it can raise concerns about lasting effects, medical expenses, and the long-term impact on your quality of life. One way to address these issues is to file for workers’ compensation. This can be a complex process, and you might find yourself asking, “Do you have to file for workers’ comp if you get hurt at work in North Carolina?”

About Us

Bobby Bollinger has been serving the people of North Carolina for years to ensure their interests are represented. Having worked across a wide variety of legal issues, he is a Board-Certified Specialist in North Carolina Workers’ Compensation Law. He and his team are prepared to offer their experienced counsel to clients across an array of issues, to ensure their interests and rights are protected.

No-Contest Claims

In North Carolina, workers’ compensation laws follow what is known as a no-contest model. This means that no negligence needs to be proven on the part of an employer for a worker to claim workers’ compensation if they are injured on the job or in the performance of their job duties.

As such, the system for workers’ compensation is highly structured. If an employee is injured on the job, they are obliged to file a workers’ compensation claim. Workers’ compensation cases are handled by the North Carolina Industrial Commission (NCIC), located in Raleigh.

In 2023, over 68,000 private industry workers were injured on the job. The no-contest system in North Carolina helps to ensure that both employees are protected and businesses can avoid legal action from their workers to obtain compensation in case of injury.

How to File

Over a recent year-long study, it was found that over 62 million workplace injuries occurred nationwide. Workers’ compensation cases can take time, and as such, any claims for an injury should be filed as soon as possible. There are several steps that should be followed when filing a claim.

• Give employers notice. It is critical that, as soon as an injury has taken place, you report it to your employer. As soon as your employer has proper notice, the process of filing a claim can begin.
• File a claim with NCIC. Employees should not rely on their employer to file a claim with the NCIC, but must do it themselves. This can be done by submitting a Form 18 Notice of Accident and sending it in. Likewise, a copy should be sent to their employer. It is important to know that to qualify for compensation, a claim must be made within two years of an injury’s occurrence.
• Employee filings. While it is the employee’s obligation to file a Form 18, their employer or their employer’s insurance carrier must file a Form 19 with the NCIC. After these have been done, the NCIC will review the incident and come to a decision. A workers’ compensation adjustor may speak with the employee before this. It is important not to downplay your injuries, admit fault, or give unnecessary details during this interview.
• NCIC decision. With all of the information, the NCIC will review the facts and come to a decision regarding the claim. Typically, this process takes 30 to 60 days. However, it may take longer depending on the evidentiary content of the case.

How The Bollinger Law Firm Can Help

Having a competent North Carolina workers’ compensation attorney by your side during the filing process can be an invaluable asset. A workers’ compensation lawyer can assist with a claim by identifying important information to use as evidentiary support, key benefits you may be entitled to, and reviewing settlements and NCIC decisions.

At The Bollinger Law Firm, our experienced workers’ compensation attorneys understand the complexities that can accompany the filing process, navigating the claims process, and defending your rights. Our lawyers will clearly communicate the appropriate steps you can take to ensure your filing is processed, advise you through interviews with insurance adjusters, and counsel you on appropriate documentation to present your claim.

FAQs

Q: Is Workers’ Compensation Mandatory in North Carolina?

A: Typically, yes. Under NCWCA, all businesses with three or more employees must carry workers’ compensation insurance. As the no-fault system in North Carolina is highly structured, it is necessary for workers to file a claim with the NCIC, as well as their employer, to pursue compensation following an injury.

Q: What Should You Not Say to a Workers’ Comp Adjustor?

A: When speaking with a workers’ compensation adjustor, you should not say anything that could hinder your opportunity for compensation. Remember that they represent the company’s insurance provider. Do not admit fault or downplay the severity of the injury. Do not give unnecessary personal information, such as previous injuries or anything irrelevant to the matters being discussed.

Q: How Long Do You Have to Report a Work Injury in North Carolina?

A: In North Carolina, the typical period for reporting a work injury is two years. This is the amount of time an employee has to report the injury or illness to their employer and file the necessary paperwork with the NCIC in order to gain workers’ compensation. Following this, the process typically takes 30 to 60 days for a claim to be reviewed by the Commission.

Q: What Is the NC 1% Rule?

A: The North Carolina 1% rule refers to a concept known as contributory negligence. Typically, in North Carolina, a worker is not allowed to file a claim against their employer for injuries sustained on the job, except under certain circumstances, such as extreme negligence. However, if it is shown that the worker was responsible for as little as 1% of the accident that led to their injury, the court will deny their right to compensation.

Hire a Workers’ Compensation Lawyer

When injuries occur in the performance of work duties, you are entitled to compensation. When hiring a workers’ compensation lawyer, it is critical to hire a workers’ compensation lawyer with experience handling cases like yours. Whether you are filing for a serious or minor injury, our attorneys at The Bollinger Law Firm, PC, are prepared to stand by your side and guide you through the process. Contact us today to learn how we can help.