Filing a Workers’ Compensation Claim

DON’T LOSE YOUR RIGHTS - FIND OUT HOW

When you have been injured on the job, you likely need to file a Workers’ Compensation claim. A Workers’ Compensation claim is a request made to your employer’s insurance carrier to provide the benefits available under the laws of the governing state. Filing a Workers’ Compensation claim is similar to filing any other type of insurance claim, e.g. auto accident or homeowner’s claim, but the procedures and forms required for a Workers’ Compensation claim are unique.

In North Carolina, the first step an injured workers should take in most cases is to complete a Form 18 “”Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for Workers’ Compensation Benefits.” The employee should then file the Form 18 with the North Carolina Industrial Commission and provide a copy of the Form 18 to the employer and/or their insurance carrier. This form can be obtained from your employer, the North Carolina Industrial Commission’s website (www.comp.state.nc.us) or by contacting the North Carolina Industrial Commission Help Line at (800) 688-8349. A Form 18 should be completed and filed by the injured worker within 30 days of the work injury or occupational disease and must be filed within two years of the date of the work injury or occupational disease.

What If My Workers’ Compensation Claim Is Denied?
If your claim for Workers’ Compensation is denied or you do not receive timely notice from your employer or the Workers’ Compensation insurance carrier that your claim has been formally accepted as compensable, you may have the right to seek enforce your employer’s responsibility for your injury. An injured worker’s rights are guaranteed by the North Carolina Worker’s Compensation Act, but in order to secure these rights once a claim has been denied, an employee must file a Form 33 Request For A Hearing before the North Carolina Industrial Commission. A Workers’ Compensation attorney may be able to help if you find yourself in this situation.

Filing a request for a hearing before the North Carolina Industrial Commission is not the same as filing a civil lawsuit. By requesting a hearing, an injured worker is not “suing” their employer; rather, the injured worker is simply requesting that the North Carolina Industrial Commission make a formal decision about whether an employer and their insurance company should be responsible for providing an injured worker benefits under the North Carolina Workers’ Compensation Act. A Workers’ Compensation attorney can represent you at this type of hearing.

Even if your claim has been accepted by the insurance carrier, you can consult an attorney about your Workers’ Compensation case. The advice of a experienced Workers’ Compensation lawyer can be very valuable in helping you determine if you are entitled to the benefits provided by the North Carolina Workers’ Compensation Act. An experienced Workers’ compensation attorney can also help you navigate the process of obtaining the appropriate Workers’ Compensation benefits.