How long do I have to file a workers' comp claim in North Carolina?
You should give your employer written notice within 30 days of the injury and file a formal claim (Form 18) with the North Carolina Industrial Commission within two years. A verbal report to a supervisor is not enough on its own. Missing these deadlines can bar your claim, so act quickly.
How much does a workers' comp lawyer cost in Raleigh?
Workers' comp lawyers work on contingency, and the fee is approved by the Industrial Commission, typically around 25% of the benefits recovered. The fee comes out of the award, not your pocket, and you owe nothing if there is no recovery. Consultations are usually free.
Can I choose my own doctor in a North Carolina comp claim?
In most accepted claims, the employer or insurer directs your medical care to an authorized provider. If you disagree with that doctor's opinion, a lawyer can ask the Industrial Commission to approve a second opinion or a change of physician. Document your symptoms carefully in the meantime.
What happens if my claim is denied?
You can request a hearing before a deputy commissioner of the North Carolina Industrial Commission, where your lawyer presents medical evidence and testimony. Many denied claims are later accepted or settled once the worker pushes back through the formal hearing process.
Who decides my workers' comp case in Raleigh?
North Carolina workers' compensation claims are decided by the Industrial Commission, not a jury. Disputed cases go before a deputy commissioner, whose decision can be appealed to the Full Commission and, ultimately, the state appellate courts.
Can I be fired for filing a workers' comp claim?
North Carolina law protects workers from retaliation for filing a legitimate workers' compensation claim. If you were fired or demoted after reporting an injury, tell your lawyer, because that can support a separate retaliation claim alongside your comp case.