How Long Do I Have to Report an Injury to My Employer to Qualify For North Carolina Workers’ Compensation Benefits?
August 21 , 2024In North Carolina, employees must report a work-related injury or illness to their employer within 30 days of the accident, as stated in North Carolina’s Workers’ Compensation Act. The report should be in writing and include the date of the accident and a brief description of the injury. This notification can be given verbally or in writing, but it is highly recommended that written notice be provided to create a clear record.
Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. outline some of the critical points of filing a timely report so you do not jeopardize your eligibility to receive benefits.
File a Notice of Accident to Employer and Claim of Employee
In addition to notifying your employer, you should file a Form 18, “Notice of Accident to Employer and Claim of Employee,” with the North Carolina Industrial Commission. While this form should ideally be filed as soon as possible, you have up to two years from the date of the injury to file it. However, filing Form 18 does not replace the requirement to notify your employer of the injury. A copy of the form must also be provided to the employer or their workers’ compensation insurer within 30 days of the injury.
Are There Exceptions to the 30-Day Reporting Requirement?
There are some exceptions where the 30-day reporting requirement might be extended, such as:
- If your employer had actual knowledge of the injury, or it occurred in a supervisor’s presence.
- If the delay in reporting was justified, such as in cases where the injury’s connection to your work was not immediately apparent.
Reporting your injury promptly helps ensure that you receive the appropriate medical treatment and benefits and avoids disputes over the cause and severity of the injury.
If you miss the 30-day reporting deadline, you may still be able to pursue a claim, but it could be more challenging, and your employer or their insurance carrier may dispute your claim. Therefore, you must report any work-related injury to your employer immediately.
Have You Been Injured at Work in North Carolina?
Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.
A Voice For The Injured. Here Every Step of The Way.