What to Do If You’re Hurt at Work in North Carolina

by | Jan 1, 2025

If you’re injured at work, the first step is to notify your employer immediately. North Carolina law allows up to 30 days to report an injury, but delaying could complicate your claim or even lead to a denial.

Report the Injury Immediately

The first step after any workplace injury is to notify your employer as soon as possible. North Carolina law gives you 30 days to report an injury, but it’s best to do it right away. Waiting too long could make your claim more difficult to prove or even result in a denial.

When reporting the injury, explain clearly what happened and how you were injured. For example, if you hurt your back lifting equipment or twisted your knee slipping at work, be specific. Documentation at this stage is crucial for your case. Send a text, write an email, or write it down on a piece of paper. Be sure to take a picture of anything you give to your employer so that you have a copy for yourself as well.

 

Seek Approved Medical Care

After reporting your injury, get medical attention promptly. Your employer may have a designated healthcare provider you must visit for your workers’ compensation claim. Failing to go to an approved provider can lead to uncovered medical bills.

When speaking to your doctor, explain that the injury happened while working. Whether you’re dealing with an injury to your back, shoulder, knee, or other injury, your medical records must connect your condition to your job. Follow the doctor’s instructions carefully and attend all recommended follow-up appointments. Missing treatments can raise questions about the severity of your injury and impact the value of your claim.

 

File a Workers’ Compensation Claim

To formally start the workers’ compensation process, you need to file Form 18 with the North Carolina Industrial Commission. This is a critical step, as it officially notifies the state that you are seeking benefits. This form must be filed within two years of your injury or your case could be denied and forever barred.

Workers’ compensation can cover several expenses, including:

  • Medical bills for doctor visits, surgeries, and rehabilitation.
  • Weekly disability payments for the time you’re unable to work.
  • Disability compensation for the permanent impairment you suffer.

 

Keep Detailed Records

Keeping track of everything related to your injury is essential. This includes:

  • Date and description of the injury.
  • Medical records, prescriptions, and doctor’s notes.
  • Communication with your employer and insurance company.

Thorough documentation is especially important if your claim is denied or disputed. Having a detailed paper trail can strengthen your case and help you recover unpaid bills or additional benefits if needed.

 

Understand Your Rights

North Carolina workers’ compensation laws protect most employees, but there are exceptions. For example:

  • Typically, independent contractors are not eligible for workers’ compensation benefits. However, some truck drivers that are independent contractors may still be eligible for coverage.
  • Additionally, just because your employer considers you an independent contractor it doesn’t mean that you are under the law.

Knowing your rights can help you navigate these complexities. If you’re unsure about your eligibility or how to proceed, consulting a workers’ compensation attorney can provide clarity.

 

Dealing With a Denied Claim

Unfortunately, workers’ compensation claims are sometimes denied. This might happen if your employer disputes the injury or if you miss important deadlines. If your claim is denied, don’t give up. You can appeal the decision, and an experienced attorney can help.

An attorney can assist in gathering evidence, negotiating with the insurance company, and ensuring you receive the benefits you’re entitled to, such as payment for medical bills and wage replacement.

 

Returning to Work

When your doctor clears you to return to work, you may not be ready for your full duties. Workers’ compensation may provide for light-duty assignments or additional support as you transition back. However, if you feel pressured to return too soon or believe your employer is not honoring your restrictions, seek legal advice immediately.

 

Take Action to Protect Your Future

A workplace injury can leave you feeling uncertain, but taking the right steps can protect your financial and physical well-being. Reporting your injury, seeking appropriate medical care, and filing your claim promptly are essential to securing your workers’ compensation benefits. If your claim is denied or if you face challenges along the way, don’t hesitate to seek professional help.

If you’ve been injured at work in North Carolina, our experienced team is here to help. We’ll guide you through every step of the process, from filing your claim to appealing a denial. Contact us today for a free consultation—your recovery and peace of mind are our top priorities.