Filing a Workers’ Compensation Claim in North Carolina: A Guide

Understanding workers’ compensation in North Carolina

Workers’ compensation is a no-fault insurance system designed to provide medical care and wage-replacement benefits to employees who are hurt or become ill because of their job. In North Carolina, most employers with three or more employees are required to carry workers’ compensation insurance under the North Carolina Workers’ Compensation Act (N.C. Gen. Stat. § 97-1, et seq.).

If you were injured at work in Charlotte or anywhere in North Carolina, you may be entitled to benefits even if the accident was not anyone’s “fault.” At the same time, the process has strict rules and deadlines, and insurance companies often look for reasons to limit or deny claims. The steps below can help you protect your health, your job, and your right to benefits.

Step 1: Get medical attention immediately (and tell the provider it’s work-related)

Your first priority is safety. If the injury is an emergency, call 911 or go to the nearest emergency room.

For non-emergencies, get evaluated as soon as possible. Early treatment creates a medical record that connects your condition to your job—something that becomes very important if the insurer later disputes what happened.

Practical tips:

• Tell the medical provider your injury happened at work and describe how it occurred.
• Be accurate and consistent about symptoms, pain levels, and limitations.
• Follow medical advice and attend all appointments. Gaps in treatment are frequently used to argue you are not seriously injured.

Important North Carolina rule: In many cases, your employer/insurer has the right to direct your medical care (often called “authorized treatment”). If you treat with an unauthorized doctor, the insurer may refuse to pay those bills—except in emergencies. If you are unsure, ask your employer for the authorized provider information in writing.

Step 2: Report the injury to your employer right away

North Carolina law requires that you notify your employer of a workplace injury. While the law provides a time window, waiting is risky. Delays can lead to disputes about whether the injury happened at work, whether it was reported properly, or whether it is related to your job duties.

Actionable steps:

• Report the injury to a supervisor or HR as soon as possible—ideally the same day.
• Put it in writing (email or written incident report) and keep a copy.
• Include the date, time, location, witnesses, and a clear description of what happened.

Why this matters: The earlier you report, the harder it is for an insurer to claim the injury occurred elsewhere or that it is unrelated to work.

Step 3: Document everything from day one

Workers’ compensation claims are document-driven. The more organized you are, the easier it is to prove your case.

Create a simple claim file (paper or digital) that includes:

• Incident report and any emails/texts to supervisors
• Names and contact information for witnesses
• Photos of the scene, equipment, or visible injuries (if safe to take)
• Medical records, work restrictions, and appointment dates
• Mileage and travel costs to medical appointments (these may be reimbursable)
• Pay stubs and work schedules (helpful for wage calculations)
• A symptom journal noting pain levels, limitations, and how the injury affects daily life

If your injury involves repetitive motion (like carpal tunnel) or an occupational disease, documentation is still critical—especially notes about when symptoms began and what job tasks aggravated them.

Step 4: Ask your employer to file the claim—and know your own filing rights

Typically, the employer reports the injury to its workers’ compensation insurance carrier. However, you should not assume the claim is being handled correctly or promptly.

In North Carolina, you can also protect yourself by filing a claim with the North Carolina Industrial Commission (NCIC), the state agency that oversees workers’ compensation.

Key form: Most injured workers file NCIC Form 18 (Notice of Accident to Employer and Claim of Employee) to formally start the claim.

Critical deadline: In many cases, you must file Form 18 within two years of the date of injury to preserve your right to benefits. Missing deadlines can jeopardize your claim.

Practical advice:

• Even if your employer says “we’re taking care of it,” consider filing Form 18 to create an official record.
• Keep proof of submission (certified mail receipt, confirmation page, or email confirmation).

Step 5: Understand what benefits may be available

Workers’ compensation benefits in North Carolina generally fall into three categories:

Medical benefits

If your claim is accepted, workers’ compensation should cover reasonable and necessary medical treatment related to the injury. This can include:

• Doctor visits and specialist care
• Surgery, imaging, and prescriptions
• Physical therapy
• Durable medical equipment
• Mileage reimbursement for travel to authorized appointments

Wage-replacement benefits (temporary disability)

If your authorized doctor takes you out of work or places you on restrictions your employer cannot accommodate, you may qualify for wage benefits. These are often calculated as two-thirds (2/3) of your average weekly wage, subject to state maximums.

Permanent impairment benefits

If you reach maximum medical improvement (MMI) and have a lasting impairment, you may be entitled to additional compensation based on an impairment rating and other factors.

Every case is different, especially when there are pre-existing conditions, multiple injuries, or disputes about work restrictions.

Step 6: Be careful with recorded statements, paperwork, and return-to-work offers

After a claim is reported, the insurance adjuster may contact you. It is common to be asked for a recorded statement or to sign medical releases.

Protect yourself:

• Do not guess or speculate in statements. If you don’t know, say so.
• Keep answers factual and consistent.
• Read any document before signing; broad medical releases may allow the insurer to dig into unrelated medical history.

Returning to work: light duty and restrictions

North Carolina employers may offer “light duty” or modified work. If your doctor approves and the job fits your restrictions, returning can protect your income and your position.

However, problems arise when:

• The job exceeds your restrictions
• Your pain worsens
• The employer pressures you to return too soon

Actionable steps:

• Get restrictions in writing from the authorized treating provider.
• Provide the restrictions to your employer.
• If the offered job does not match restrictions, document why and notify the adjuster and your doctor.

Step 7: Watch for common reasons claims are denied (and what to do)

A denial does not necessarily mean you are not entitled to benefits. Common reasons for denial include:

• Late reporting to the employer
• Lack of medical evidence tying the injury to work
• Disputes about whether the injury happened on the job
• Allegations that the injury is pre-existing or not work-related
• Missed appointments or noncompliance with treatment

If your claim is denied, you may need to pursue the dispute through the NC Industrial Commission. This can involve additional filings, medical evidence, and hearings.

Practical advice if you receive a denial:

• Ask for the denial in writing and keep it.
• Continue authorized medical treatment if you are still being seen.
• Gather witness statements and any supporting documents.
• Consider speaking with a workers’ compensation attorney before deadlines pass.

Step 8: Know when to get legal help

Many workers hope the system will “work itself out.” Sometimes it does—especially in straightforward injuries that heal quickly. But legal guidance can be crucial when benefits are delayed, reduced, or denied.

You should strongly consider talking with an attorney if:

• Your claim is denied or you receive a Form 61 (denial)
• You are not receiving wage checks while out of work
• The insurer disputes your work restrictions or pushes you back too soon
• You are told you must use a specific doctor but you are not improving
• You have a serious injury, surgery recommendation, or permanent limitations
• You are offered a settlement and are unsure what you are giving up

An attorney can help ensure the right forms are filed, deadlines are met, medical evidence is developed, and your benefits reflect your actual losses.

Step 9: Avoid mistakes that can hurt your claim

Small missteps can have big consequences in workers’ compensation cases.

Common mistakes to avoid:

• Waiting too long to report the injury
• Minimizing symptoms early, then later describing severe pain (insurers look for inconsistencies)
• Skipping appointments or ignoring restrictions
• Returning to heavy work without medical clearance
• Posting on social media in ways that can be misinterpreted
• Accepting a settlement before understanding future medical needs

If you are unsure what to do, ask questions—preferably in writing—and keep copies.

Step 10: What to expect in the timeline of a North Carolina claim

While every case is unique, the general flow often looks like this:

1. Injury occurs → seek medical care and report to employer.
2. Employer/insurer opens claim → you may be directed to an authorized provider.
3. Insurer investigates → may accept, deny, or pay “without prejudice” while investigating.
4. Treatment and work status → restrictions, light duty, or time out of work.
5. Benefit payments → wage checks if you qualify; medical bills paid if authorized.
6. MMI and impairment rating → possible permanent benefits or settlement discussions.
7. Dispute resolution if needed → filings and hearings through the NC Industrial Commission.

If you feel stuck at any stage—no appointments, no answers from the adjuster, no checks—do not assume it will resolve on its own.

You don’t have to navigate this alone

A work injury can create stress far beyond the physical pain—lost income, uncertainty about your job, and anxiety about medical bills. At Vasquez Law Firm in Charlotte, we understand how overwhelming this process can feel, and we focus on helping injured workers take clear steps forward.

If you were hurt on the job in North Carolina and have questions about reporting the injury, filing Form 18, medical treatment, wage benefits, or a denied claim, contact Vasquez Law Firm to discuss your situation. We can help you understand your rights under North Carolina law and pursue the benefits you deserve.

Call to action

If you’ve been injured at work, don’t wait for the insurance company to “do the right thing.” Call Vasquez Law Firm in Charlotte, NC today to schedule a confidential consultation and get guidance on filing and protecting your North Carolina workers’ compensation claim.