North Carolina Workers Compensation Statute of Limitations 2024

If you are concerned that you may have missed the deadline for filing a workers’ comp claim, you can consult with a workers’ compensation lawyer to see if you can meet the North Carolina workers’ compensation statute of limitations.

In order to claim workers’ compensation benefits, you must meet certain requirements. Beyond being able to demonstrate that your injury is work-related, you will need to meet an important deadline called the statute of limitations.

What Is a Statute of Limitations?

Every state has a statute of limitations for many criminal and civil laws. These legal deadlines set a maximum time limit by which legal proceedings must be initiated after an event occurs.

These time limits exist to ensure cases are brought to court while evidence is still fresh and reliable, to protect potential defendants from indefinite threats of legal action, and to encourage the timely resolution of disputes.

There are few exceptions to these types of deadlines, but cases are often dismissed outright when a judge sees that the plaintiff failed to meet the statute of limitations. If you are filing a personal injury case, it is important to understand how North Carolina’s statute of limitations governs when personal injury cases must be filed.

How Long Do I Have to File a Workers’ Compensation Claim in North Carolina?

In North Carolina, you typically have two years from the date of the accident to file a workers’ compensation claim. The statute of limitations generally starts on the date of the accident or injury. However, there are exceptions to this time limit, such as cases involving occupational diseases, where the two-year period starts from the date you were informed by a medical professional that your condition is work-related.

A workers’ compensation attorney can assist you in determining the applicable statute of limitations for your case. Failing to file a claim within the statute of limitations can result in losing your right to seek compensation for your injuries. However, you shouldn’t wait until the two years are almost up. It’s critical to report your injury and file a claim immediately after it occurs.

Common Types of Workers’ Compensation Cases

The state’s statute of limitations applies to all types of workers’ compensation cases. While this is not a comprehensive list, the following injuries commonly happen in the workplace:

• Repetitive stress injury: A repetitive stress injury (RSI) is a condition caused by repetitive motions or overuse of certain muscles, tendons, and nerves. It typically affects areas like the wrists, hands, elbows, or shoulders, causing pain, weakness, numbness, or tingling.
• Back injury: A back injury refers to any damage or trauma sustained to the structures of the back, including muscles, ligaments, discs, or vertebrae. It can result from various workplace activities, such as lifting heavy objects, repetitive bending or twisting motions, or sudden impacts.
• Knee or elbow injury: A knee or elbow injury refers to damage or trauma affecting the joints, ligaments, tendons, or bones in these areas. These injuries can occur due to accidents, repetitive strain, or overuse in various work environments.
• Head injuries: A head injury (TBI) refers to trauma or damage sustained to the scalp, skull, or brain. In a work-related context, head injuries often result from accidents involving falls, falling objects, or collisions. Symptoms can vary widely depending on the severity and location of the injury, but they may include headaches, dizziness, nausea, confusion, loss of consciousness, or, in more severe cases, cognitive impairment or neurological deficits.
• Burns or cuts: Burns or cuts are injuries that commonly occur in workplaces where employees handle hot surfaces, chemicals, or sharp objects. Burns can range from minor to severe, causing damage to the skin and underlying tissues.

Any type of workplace injury can create immediate emotional and financial hardships for injured workers and their families. If you are worried about how you’ll file your claim after you’ve been injured, you can rely on the assistance of a workers’ compensation attorney to handle the paperwork for you.

FAQs

Q: When Should Workers Report a Work-Related Injury in North Carolina?

A: The North Carolina Industrial Commission states that an injured worker should notify their employer about an accident-related injury as soon as possible. Employees are expected to provide written notice of the injury (including the date of the incident and a brief description) to their employer within 30 days of the incident.

Q: What Does Workers’ Compensation Cover in North Carolina?

A: Workers’ compensation covers many things in North Carolina. Your medical bills should be covered, including expenses related to surgery, medication, doctors’ visits, and rehabilitation. You may also have a portion of your income covered while you are unable to return to work. This portion will be calculated based on your average weekly wage.

Q: What Is the North Carolina Workers’ Compensation Law?

A: North Carolina’s workers’ compensation laws govern who is required to carry this type of insurance and how benefits are disbursed to injured workers. The state law requires most companies with three or more employees to carry workers’ compensation insurance.

When an injured worker has to miss work while they recover, they may be eligible for regular payments equal to two-thirds of their usual pay.

Q: How Long Can You Be on Workers’ Comp in North Carolina?

A: In North Carolina, you can receive workers’ comp benefits for as long as your doctor says you need to. Benefits can continue until you reach maximum medical improvement (MMI), meaning your condition has stabilized, and further significant improvement is unlikely. Your eligibility for ongoing benefits may be reassessed based on the extent of your disability and your ability to work.

Schedule Your North Carolina Workers’ Compensation Consultation Today

Meeting deadlines is just one of many important steps that must be completed before you can receive benefits for your work-related injury. If you have put off filing your claim, it may not be too late.

The team at Bridgman Gantt Law Offices can see if you are still eligible to receive important benefits through your employer’s workers’ compensation insurance. To schedule your consultation, contact our office today.