important time limits

Time Limits to File Your Workers’ Compensation Claim


It is important and the law requires that you report your injury to your employer as soon as possible following an accident. You should also provide written notice to your employer within 30 days. Therefore, you should first give your employer verbal notice of your accident and your injury. Later, you can document this in writing. This can be done a number of ways and can also be done by simply using the Form 18 claim form.

 

Regarding reporting an injury, if you have an occupational disease that developed over time, such as carpal tunnel there may be concerns with whether the “injury” was properly reported. You may not realize that you have a work injury, for example, until your physician tells you after many months of problems. In that type of case, you should give your employer verbal notice of the condition as soon as you know about it. Regardless of whether you have an injury or occupational disease, you should seek medical attention as soon as possible.

 

The North Carolina Industrial Commission Form 18, which can be completed online, is the form used to formally file your workers’ compensation claim. You should call a North Carolina attorney experienced in workers’ compensation claims for a free consultation in order to learn how to complete this form properly. Using the wrong words or failing to provide enough detail about an accident, or your injury, may result in a denial of your claim that could take months to undue.


Failing to Meet Time Limits for Filing a Workers’ Comp Claim

If you fail to give written notice of your workers’ compensation claim within 30 calendar days, the employer and the workers’ comp insurance carrier try to deny your workers' compensation claim. A lawyer can be helpful in protecting your rights in these circumstances. There are some exceptions to this 30-day notice rule which can be explained by an experienced workers’ comp attorney. Further, the notice requirements are different than the statute of limitations for a claim. There is a typically a two year time limit in North Carolina to file a workers’ compensation claim. An experienced attorney can explain these laws to you.

 

Regarding notice, North Carolina law provides that notice given to the employer is notice to the insurance carrier, so don’t worry about notifying the workers’ comp insurance carrier separately. Your employer has a duty to notify the workers’ comp insurance company.


If you would like a free consultation regarding your workers’ compensation claim, call us at 919. 277.0161 or contact us online. We are happy to discuss your claim and answer any questions you may have.


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Hemmings & Stevens Workers' Compensation Law Blog
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