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Per G.S. § 97-13, most companies in North Carolina with three or more employees must provide employers with workers’ compensation benefits. If you suffer a work injury, you may be eligible for these benefits. However, you must file your claim before the statute of limitation expires.
Under G.S. § 97-24, if you do not file your claim before the two-year statute of limitations runs out, you will lose your right to collect workers’ compensation benefits. You can get started on your workers’ compensation claim today. A workers’ comp lawyer at Farmer & Morris Law, PLLC can help you understand your legal options.
How Long Do You Have To Report Your Work Injury In North Carolina?
You need to be aware of multiple deadlines after suffering a work-related injury. First, before worrying about the statute of limitations for filing your claim, you need to notify your employer of your work injury.
Under North Carolina law, you must report your on-the-job injury to your employer as soon as possible. G.S. § 97-22 allows a maximum of 30 days from the date of the accident to do so before you risk losing your right to workers’ compensation benefits.
Insurance companies have been known to deny employees the benefits they would have otherwise deserved due to failure to notify their employer in a timely manner. If you have concerns that your employer may punish you for reporting an accident, or if you want help seeking the compensation you deserve through your employer’s workers’ comp insurance provider, having a workers’ compensation attorney by your side could make all the difference.
When Does The Statute Of Limitations Expire For Workers’ Comp Claims In North Carolina?
Reporting your injury to your employer and filing a workers’ compensation claim are two different things. You must notify your employer of your work-related injury within 30 days. However, the amount of time you have to file your claim for workers’ compensation benefits is different.
North Carolina law allows for a maximum of two years to pass from the date of the injury before the statute of limitations will expire. It is important to note that if you do not file your workers’ compensation claim before the statute of limitations expires, the insurance company will likely bar you from recovering workers’ compensation benefits.
Your attorney can help you complete and file your North Carolina Industrial Commission (NCIC) Form 18 so you can submit your claim for workers’ compensation benefits well before the statute of limitations is at risk of running out in your case.
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How Long Do You Have To Pursue A Retaliation Complaint After Filing A Workers’ Comp Claim?
Because your employer will likely face increased insurance premiums when employees file workers’ compensation claims, you may fear they will retaliate against you for reporting an accident and filing a claim.
However, under North Carolina law (G.S. § 95-241), companies are prohibited from retaliating against an employee because they seek workers’ compensation benefits.
Some examples of retaliatory action injured workers may face could include:
- Demotion
- Termination
- Intimidation
- Harassment
- Hostile work environment
- Salary reduction
- Being passed over for a promotion
- Unjust position transfers
If your employer retaliates against you, you have up to 180 days to file a claim under the Retaliatory Discrimination Act.
You can explore your legal options further when you contact a North Carolina workers’ compensation attorney for help. We understand how confusing this time must be. Do not let your employer take advantage of you during your greatest time of need. Hold them accountable to the fullest extent of the law.
Get Help From A North Carolina Workers’ Compensation Lawyer Today
However, you must file your claim before the two-year statute of limitations deadline. If you have concerns that your deadline is approaching fast, or if you are unsure when your case’s exact deadline is, a North Carolina workers’ compensation lawyer at Farmer & Morris Law, PLLC can help.
Our firm proudly offers no-cost, risk-free consultations to work injury victims across North Carolina. Claim yours by filling out our convenient contact form or calling our office to get started on your case.
