What Is the Waiting Period for Workers’ Compensation in North Carolina?

If you have been injured or have fallen ill due to a work-related incident, you may be entitled to use your workers’ compensation benefits to aid with your recovery. When it comes to using your workers’ compensation benefits, it’s important to understand how they work. For starters, you may be asking yourself: What is the waiting period for workers’ compensation in North Carolina?

Understanding time limits, mandatory waiting periods, and other rules surrounding your workers’ compensation benefits can make it easier for you to protect yourself and navigate legal situations regarding your rights as an employee.

Workers’ Compensation in North Carolina

Workers’ compensation is a form of no-fault insurance that every employer with three or more employees must provide. This insurance covers economic losses such as lost wages and medical expenses due to a work-related injury or illness.

In 2023, the two sectors that accounted for 53 percent of occupational injuries and illnesses in North Carolina were education and health services, and trade, transportation, and utilities. Major industries in North Carolina that experienced significant growth in 2023 included education and health services, with approximately 29,000 new jobs, and trade, transportation, and utilities, with 400 new jobs.

With more people working in these more dangerous fields, it’s important to know how to benefit from workers’ compensation. However, an incident can occur in any field of work, and it’s crucial to understand your rights to compensation if you find you’re a victim of a work-related illness or injury.

Workers’ Compensation Waiting Period in North Carolina

If you are injured at work, you must report the injury to your employer within 30 days of the event. If your employer fails or refuses to report your injury, you can file a claim with the Industrial Commission. It’s important to note that you must do this within two years of the incident that caused your injury.

The first seven days of disability after a workplace injury are typically not covered by your workers’ compensation benefits due to this mandatory waiting period. An employee must be unable to work for seven days before their workers’ compensation benefits for lost wages kick in. For these initial days, you can use paid sick leave or vacation time to cover your days off work.

After this seven-day period, you can begin using your workers’ compensation benefits to cover lost wages. If the disability lasts more than 21 days, the injured worker can receive benefits for the entire period, with benefits covering that seven-day period retroactively.

The purpose of this waiting period is to reduce administrative costs associated with short-term absences and prevent people from filing for their benefits for minor injuries. Regardless of this waiting period, workers’ compensation benefits for medical expenses are paid from the date of the injury. This waiting period only applies to benefits for lost wages.

North Carolina’s “Coming and Going” Rule

Under the North Carolina Workers’ Compensation Act, the “coming and going” rule generally states that employees who are injured while traveling to or from work are not eligible to receive workers’ compensation. That said, there are a handful of exceptions to this rule.

The “coming and going” rule may not apply if the employee’s injury occurred while they were:

• In a company vehicle
• On the employer’s premises
• Performing a task for their employer
• Traveling regularly for their work

It’s beneficial to work with a North Carolina workers’ compensation lawyer if you want to pursue legal action against an employer but are unsure about your rights. By having a professional handle the more intricate details of the process, you can focus on your recovery and move forward with life as soon as the case is over.

FAQs

Q: Why Is There a Waiting Period for Workers’ Compensation in North Carolina?

A: The seven-day waiting period for workers’ compensation benefits only applies to the benefits regarding lost wages. An employee must be unable to work for seven days before claiming lost wages through their workers’ comp. This waiting period exists to lower administrative costs related to employees’ short-term absences and reduce the amount of minor injury claims.

Q: What Does Workers’ Compensation Being an Exclusive Remedy Mean in North Carolina?

A: In North Carolina, workers’ compensation is considered to be an exclusive remedy for work-related injuries and illnesses. This means that you must go through your employer’s insurance program to handle recovery for your losses. Moreover, it means you cannot file a separate case against your employer with your county court for the same incident if everything is resolved through your workers’ compensation benefits.

Q: What Are the Workers’ Compensation Laws in North Carolina?

A: The North Carolina Industrial Commission (NCIC) handles all workers’ compensation claims, disputes, and related business in North Carolina, ensuring workers use their benefits and protect their rights in the workplace.

The North Carolina Workers’ Compensation Act requires all businesses that have three or more employees to have workers’ compensation insurance to be able to pay workers’ compensation benefits for employees. Workers’ compensation in North Carolina covers things such as medical costs and lost income for eligible employees.

Q: Can I Be Reimbursed for Sick Travel Through Workers’ Compensation in North Carolina?

A: In North Carolina, if you travel at least 20 miles round trip for medical treatment, you may be entitled to collect mileage using the IRS standard mileage rate. Under the Industrial Commission (IC), insurance carriers and self-insurers are able to pay travel expenses directly to the employee without approval from the IC.

Connect With a Concord Workers’ Compensation Lawyer to Learn More Today

Whether you have questions about your workers’ compensation benefits or you are ready to file a claim against an employer who has violated your rights, you can count on the legal professionals at the Bollinger Law Firm, PC, to offer sound legal advice and seek justice on your behalf.

If you want to discuss your case with a seasoned Concord workers’ compensation lawyer, feel free to reach out to our office to set up an appointment right away. Our goal is to educate you on your rights and secure the benefits you deserve through your employer.