The Injured Worker's Action Checklist

If you were hurt at work today, the next 24 hours decide your case. Here is exactly what to do, in order.

1. Report the injury to your direct supervisor — in writing. Send a text or email the same day. Do not rely on a verbal report. The supervisor who says "do not worry, I will handle it" is the supervisor whose memory fails 35 days later.

2. Ask for the written claim form. In NC it is Form 18. In FL it is the DWC-1 (First Report of Injury). Take a photo of every page before you hand anything back.

3. Tell your doctor it happened at work. The medical record must say "injured at work on [date] while [task]." That sentence is the spine of your entire case.

4. Write down witnesses, exact location, what you were lifting or doing, and how it felt. Memory fades. Paper does not.

5. Do not give a recorded statement to the insurance adjuster. Not today. Not tomorrow. Not without me on the line.

Workers comp has two clocks, and most workers only hear about one. Miss either one and your case is finished.

Clock #1 — 30 days to notify your employer. Under NC G.S. §97-22 and Fla. Stat. §440.185, you must report the injury to your employer within 30 days. In writing. Past day 30 in Florida, the case is almost always denied. North Carolina is slightly more forgiving if the employer already knew, but do not bet your future on "actual knowledge."

Clock #2 — 2 years to file the formal claim. From the date of injury, you have 2 years to file with the state. In NC, that means Form 18 with the Industrial Commission. In FL, it is the Petition for Benefits with the OJCC. Past 2 years, there is no case. Not for a torn rotator cuff. Not for a crushed disc. Nothing.

Exception worth knowing: for repetitive-use injuries like carpal tunnel, the 2-year clock starts the day a doctor links the condition to your work — not the day you first felt pain.

Here is the truth nobody at HR will tell you: the doctor treating you is being paid by the company that profits when your claim closes early.

North Carolina (NC G.S. §97-25): Your employer picks the initial doctor. You do have the right to request a change of doctor through the NC Industrial Commission, and the right to a second opinion on your disability rating. If you go to your own doctor without permission, the insurer can refuse to pay for it — except in true emergencies.

Florida (Fla. Stat. §440.13): Your employer picks the doctor, period. But Florida gives you ONE free change of doctor during the life of the case. Use it wisely — once it is gone, it is gone. If there is a real dispute between your doctor and the insurer's IME, an Expert Medical Advisor can be appointed by the judge.

What I tell every client: the moment something feels rushed — "you are fine, return to full duty" after a torn back — that is the moment to call me. Not after you sign the release.

Your weekly workers comp check is two-thirds of your Average Weekly Wage. That is the rule in both NC and FL. The fight is over what counts as your wage.

The formula: Step 1: Add your gross earnings for the 52 weeks before injury. Step 2: Divide by 52. That is your AWW. Step 3: Multiply by 0.6667. That is your weekly check.

Example: You earned $52,000 last year. AWW = $1,000/week. Your check = $667/week. Tax-free under IRC §104(a)(1).

The state caps (approximate for 2026): NC maximum comp rate: ~$1,300/week FL maximum comp rate: ~$1,260/week

What the insurer "forgets" to include — and what you MUST demand: - Overtime hours - Bonuses and commissions - Reported tips - Concurrent employment (a second job in NC) - Per diem and housing allowance

Every $50 they shave off your AWW costs you roughly $33 every single week you are out. Over a year, that is $1,700 stolen. Run your own math before you cash the first check.

When the company doctor releases you to "light duty," three things can happen. Two of them are traps.

Real light duty: Work that genuinely fits your written restrictions. Same pay, or workers comp pays the gap (TPD). Accept it.

Fake light duty (the trap): They assign you to sweep for 8 hours when your restriction says no standing over 1 hour. They call at 5 a.m. knowing you cannot make it. They put you on a stool in a back room to humiliate you into quitting. Their goal is one word: resignation. The day you quit, the checks stop.

No offer at all: You keep getting full Temporary Total Disability. Sometimes the best outcome.

What to do if the assignment violates your restrictions: 1. Do not refuse verbally. Refuse in writing, same day, citing the doctor's restrictions. 2. Do not quit. Do not sign "voluntary resignation." That document is designed to end your benefits. 3. Photograph the task, the tools, the schedule. 4. Call me before you go back in. NC G.S. §97-32 and Fla. Stat. §440.15(6) protect you — if you document it.