How to File a Workers’ Compensation Claim in North Carolina

Understand What Workers’ Compensation Covers in North Carolina

Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured 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 (primarily Chapter 97 of the North Carolina General Statutes). If you’re hurt at work, you generally do not have to prove your employer did anything wrong to qualify for benefits.

Benefits may include:

• Medical treatment related to the work injury (paid by the employer/insurer)
• Wage replacement if you miss work (often called “temporary total disability” or “TTD”)
• Compensation for permanent impairment or lasting disability
• Vocational rehabilitation in some cases
• Death benefits for eligible dependents when a workplace injury is fatal

That said, the process can feel overwhelming—especially when you’re in pain, missing paychecks, and uncertain about what comes next. Taking the right steps early can protect your health and your claim.

Step 1: Report the Injury Immediately (and in Writing)

One of the most important steps is reporting your injury to your employer as soon as possible.

Under North Carolina law, you should give your employer notice of the injury within 30 days of the accident (or within 30 days of learning you have an occupational disease). Waiting can put your claim at risk. Even if your supervisor “seems to know,” formal notice matters.

Practical tips:

• Report the injury to a supervisor or HR right away.
• Put it in writing (email is fine) and keep a copy.
• Include the date, time, location, what happened, and what body parts were affected.
• If the injury developed over time (like repetitive strain), explain when you first noticed symptoms and how your job duties contributed.

If you’re unsure whether your injury “counts,” report it anyway. Many claims become harder to prove when there’s a delay in reporting.

Step 2: Get Medical Care and Tell the Provider It’s Work-Related

Your health comes first. Seek medical attention promptly, especially if there’s any risk of serious injury.

In most North Carolina workers’ comp cases, the employer or its insurance carrier has the right to direct your medical treatment. That means they may send you to a specific clinic or doctor. If it’s an emergency, go to the nearest emergency room—then notify your employer as soon as you can.

Actionable steps:

• Tell the medical provider your injury happened at work.
• Describe symptoms accurately and completely.
• Follow medical restrictions (light duty, no lifting, limited standing, etc.).
• Request copies of work notes and key records for your own file.

If you disagree with the authorized doctor’s plan or feel your concerns aren’t being addressed, you may have options, including requesting a change of physician through the North Carolina Industrial Commission (NCIC). Don’t ignore treatment or skip appointments—gaps in care can be used to question the seriousness of your injury.

Step 3: Document Everything From Day One

Workers’ compensation claims often turn on details: what happened, when you reported it, and how the injury affects your ability to work.

Start a simple claim file that includes:

• Written notice to your employer
• Accident report (if one was completed)
• Names and contact information of witnesses
• Photos of the scene or equipment (if available)
• Medical records, prescriptions, and work restrictions
• Mileage and travel for medical visits (you may be reimbursed)
• A journal of symptoms and how the injury impacts daily activities
• Pay stubs (to help confirm your average weekly wage)

This isn’t about “building a case” in a dramatic way—it’s about protecting yourself and preventing misunderstandings later.

Step 4: Make Sure the Claim Is Formally Filed With the NC Industrial Commission

Reporting an injury to your employer is not always the same as formally filing a workers’ compensation claim.

In North Carolina, the form typically used by injured workers to initiate a claim is NCIC Form 18 (Notice of Accident to Employer and Claim of Employee). In many cases, you must file within two years of the date of injury to preserve your right to benefits.

Key points:

• File Form 18 with the NC Industrial Commission.
• Provide a copy to your employer and the insurance carrier.
• Keep proof of submission (certified mail receipt, fax confirmation, or electronic filing confirmation).

If your condition involves an occupational disease (for example, certain lung diseases, chemical exposure, or repetitive trauma conditions), different rules may apply, and deadlines can be complex. When in doubt, speak with an experienced workers’ compensation attorney before time runs out.

Step 5: Understand What Happens After You File

Once the claim is reported and filed, the employer’s insurance carrier will investigate. They may:

• Accept the claim and begin paying medical bills and wage benefits
• Deny the claim
• Request more information
• Schedule an independent medical examination (IME)

If your claim is accepted, you may receive wage replacement if you miss more than seven days of work due to the injury. In North Carolina, wage benefits generally begin after the seven-day waiting period and can be paid retroactively if you miss more than 21 days.

If you are offered light duty work, take it seriously. If the job fits your restrictions and you refuse it without a valid reason, your wage benefits could be affected.

Step 6: Know Common Reasons Claims Get Delayed or Denied

Many valid workers’ compensation claims face hurdles. Some of the most common issues include:

• Late reporting of the injury
• Disputes about whether the injury happened at work
• Pre-existing conditions (insurers may argue symptoms are unrelated)
• Lack of witnesses or inconsistent statements
• Missing medical appointments or not following restrictions
• Employer disputes about employee status (employee vs. independent contractor)

A denial does not necessarily mean your case is over. You may have the right to request a hearing before the NC Industrial Commission. The earlier you get legal guidance, the more options you may have to correct the record and strengthen your claim.

Step 7: Be Careful With Recorded Statements and Paperwork

Insurance adjusters may contact you quickly and ask for a recorded statement. You can be polite and cooperative, but you should be cautious.

Practical advice:

• Do not guess if you don’t know an answer.
• Keep your description consistent with what you reported and what you told medical providers.
• Avoid minimizing symptoms (“It’s nothing”) if you’re actually in pain.
• Consider speaking with an attorney before giving a recorded statement—especially if the injury is serious or there is any dispute.

Also review any documents you’re asked to sign. If you’re unsure what something means, pause and ask questions.

Step 8: Understand Your Benefits: Medical, Wage, and Disability Ratings

North Carolina workers’ compensation benefits can involve multiple moving parts.

Medical benefits

Approved medical treatment related to the work injury should be covered. This can include doctor visits, surgery, physical therapy, medications, and certain medical equipment.

Wage replacement (disability benefits)

If you cannot work due to the injury, you may qualify for temporary total disability (TTD) benefits. If you can work but earn less due to restrictions, you may qualify for temporary partial disability (TPD) benefits.

Permanent impairment and disability

If you reach maximum medical improvement (MMI) and have lasting impairment, your doctor may assign a rating. North Carolina law provides a schedule for certain injuries (often called “scheduled injuries”), and other cases may involve more complex disability analysis.

Because benefit calculations depend on your average weekly wage, work restrictions, and medical status, it’s wise to keep detailed payroll records and medical updates.

Step 9: If Your Claim Is Disputed, Know the NCIC Dispute Process

When a claim is denied or benefits are cut off, you may need to pursue the matter through the NC Industrial Commission.

The dispute process can include:

• Filing the appropriate forms to request a hearing
• Mediation in many cases
• A hearing before a Deputy Commissioner
• Appeals to the Full Commission, and potentially to the North Carolina Court of Appeals

This process has rules, deadlines, and evidence standards. If you’re already injured and trying to recover, handling litigation on your own can be stressful. An attorney can help gather medical evidence, coordinate expert opinions when needed, and present your case effectively.

Step 10: Protect Yourself While the Claim Is Pending

A work injury can affect more than your paycheck—it can affect your housing, transportation, and family stability. While your claim is pending:

• Keep attending medical appointments and follow restrictions.
• Save all receipts and mileage logs related to treatment.
• Communicate with your employer in writing when possible.
• If you’re taken out of work, ask your doctor for clear written restrictions.
• If you return to work and cannot perform the job within restrictions, report it immediately and document it.

Also, avoid posting about your injury on social media. Insurers sometimes monitor public posts and may attempt to use them out of context.

When to Call a Workers’ Compensation Lawyer in Charlotte

Some cases are straightforward, but many are not. Consider getting legal help if:

• Your claim is denied or delayed
• You’re not receiving wage checks while out of work
• The authorized doctor downplays your symptoms
• You’re pressured to return to work too soon
• You’re offered a settlement and don’t know if it’s fair
• Your injury is serious, involves surgery, or creates long-term limitations
• You have a pre-existing condition that’s being used against you

North Carolina workers’ compensation law is technical, and a small mistake can cost you time and benefits. Having someone advocate for you can reduce stress and help you focus on recovery.

Call Vasquez Law Firm for Help With Your North Carolina Workers’ Comp Claim

If you were injured on the job in Charlotte or anywhere in North Carolina, you deserve clear guidance and strong support. Vasquez Law Firm helps injured workers understand their rights, file claims correctly, and fight back when insurance companies delay, deny, or minimize benefits.

Contact Vasquez Law Firm today to schedule a confidential consultation. We can review what happened, explain what benefits may be available, and help you take the next step toward protecting your health, your income, and your future.