North Carolina Workers’ Comp Claim Process: Forms, Deadlines, and Next Steps

North Carolina Workers’ Comp Claim Process: Forms, Deadlines, and Next Steps

North Carolina Workers’ Comp Claim Process: Forms, Deadlines, and Next Steps

Getting hurt at work can flip your world in a heartbeat. Medical bills stack up, paychecks stop, and suddenly you’re staring down a claim system that feels like a maze.

The North Carolina Workers’ Compensation claim process has its own forms, deadlines, and order of steps. If you miss one, you could jeopardize your benefits.

You have two years from the date of your injury to file a workers’ comp claim in North Carolina. But honestly, waiting even close to that long can cause headaches and delays you really don’t want.

The process begins the moment you report your injury to your employer. From there, you’ll be filing paperwork with the North Carolina Industrial Commission and keeping track of a lot of details.

Filing a workers’ compensation claim correctly means knowing which forms are required, when to submit them, and what happens next. Even a small mistake can lead to a denied claim or months of waiting.

This guide walks you through each step so you can avoid common pitfalls and (hopefully) get the benefits you need.

Key Takeaways

  1. Form 19 is not your claim; injured workers typically file Form 18 to make a claim.
  2. The NC Industrial Commission publishes the official workers’ comp forms and filing guidance.
  3. Missed deadlines and incomplete medical documentation are common causes of delays and disputes.

What Workers’ Compensation Covers In North Carolina 

What Workers' Compensation Covers In North Carolina 

Get hurt at work in North Carolina, and Workers’ Compensation should help pay for several things. Knowing what’s covered helps you set your expectations.

Medical expenses come first. Doctor visits, hospital stays, surgery, prescriptions, and physical therapy—if it’s related to your work injury, you shouldn’t have to pay out of pocket.

Wage replacement benefits kick in if you can’t work. You’ll usually get two-thirds of your average weekly wage in weekly payments. It’s not full pay, but it’s something.

Disability benefits come in a few flavors. Temporary total disability pays while you can’t work at all. Temporary partial covers you if you’re earning less than before. Permanent partial disability is for lasting limitations that still allow you to work, just not as before.

Vocational rehabilitation steps in if you need to learn new skills. If your injury prevents you from returning to your old job, it helps you retrain for another role.

The four main types of workers’ comp benefits in North Carolina work together to help you stay afloat after a workplace injury. 

You might get weekly checks or, in some cases, a lump-sum settlement if the Industrial Commission signs off.

If a work injury leads to death, your family can get death benefits. These payments help cover funeral costs and provide your dependents with ongoing support.

Morrison Law Firm, P.L.L.C. can review your NCIC forms, deadlines, and denial notices so your workers’ comp claim stays protected—Contact us.

If you’re ready to get started, call us now!

Step 1 — Report The Injury And Start A Paper Trail

Step 1 — Report The Injury And Start A Paper Trail

You need to report your injury right away to your employer. North Carolina law gives you 30 days, or a reasonable time under the circumstances, to notify them, but sooner is always better.

Tell your supervisor or manager as soon as you can. Share when, where, and how you got hurt—don’t leave out details.

What to include in your report:

  • Date and time of the injury
  • Where it happened
  • What were you doing at the time
  • Names of any witnesses
  • Which body parts got hurt

Try to write your report. An email or written note provides evidence that you reported everything on time.

Ask your employer for a copy of any accident report they file. Keep this with your other Workers’ Compensation paperwork.

Your employer should provide information about medical treatment and help you start your claim. They have to report your injury to their insurance company.

Start a paper trail from day one. Save everything—medical records, pay stubs, emails, texts, and any notes about your injury or conversations with your employer.

Keep a notebook or folder just for this. Write down dates, times, and what was said. You might need these details if your claim hits a snag.

Step 2 — Know The NC Industrial Commission’s Forms (Form 18 Vs Form 19)

There are two main ways to initiate the workers’ comp process in North Carolina. You file Form 18, and your employer handles Form 19.

Form 18: Notice Of Accident To Employer And Claim Of Employee (What It’s For, What Info To Include)

Form 18 establishes your legal claim with the state. You need to file it to officially let the Industrial Commission and your employer’s insurance know about your injury.

This form asks for details—when, where, and how you got hurt, what you were doing, which body parts were involved, and who saw it happen.

Be specific and use your own words. Include any witnesses.

You’ve got two years from your injury date to file Form 18, but don’t wait. The sooner you file, the better your odds of a smooth claim.

North Carolina guidance emphasizes immediate reporting and written notice within 30 days. 

Providing your employer a copy of Form 18 within that window can help satisfy written notice, but don’t rely on one step alone—document both.

Form 19: Employer’s Report Of Injury (Why It Exists; Why It Does Not Replace Form 18)

Form 19 is the employer’s report of injury to the North Carolina Industrial Commission (submitted through the insurance carrier/claims administrator). They complete it when they learn about your injury.

This form allows the insurance company to begin its investigation and process your claim. It includes your employer’s version of events and their records about your job.

Don’t count on Form 19 alone. Even if your employer files it, you still need to send in Form 18 yourself. That’s your official claim—Form 19 is just their paperwork.

Some employers might say they’ve handled everything. Don’t risk it. If you don’t file Form 18, you have no formal claim with the Industrial Commission.

Step 3 — Deadline Basics: The Two-Year Filing Warning You Shouldn’t Ignore

In North Carolina, you get two years from the date you got hurt to file a workers’ comp claim. Form 18 must be filed within two years of the date of injury (or occupational disease), or the claim may be barred, so it’s safest to file as early as possible.

Practical Checklist For “Deadline-Safe” Filing (Calendar Items, Copies, Proof Of Submission)

Set up calendar reminders right away. Mark the injury date, the one-year point, and 90 days before the two-year deadline. That way, you’ve got backup time if paperwork gets stuck or lost.

Keep copies of everything. Make duplicates of Form 18, medical records, accident reports, and any emails or letters with your employer or their insurance. Save both paper and digital copies, just in case.

Get proof when you submit materials. Mail forms with certified mail and request a return receipt. If you drop things off in person, ask for a date-stamped copy. For online submissions, save confirmation emails and screenshots that show the date and time.

Document every conversation. Write down dates, times, and details of each call or meeting about your claim. Note who you talked to and what was said. Keep all texts and emails in one place.

Step 4 — What Happens After Filing: How The Claim Moves Through The System

Once you send the Form 18 to the North Carolina Industrial Commission, your claim enters review. After Form 18 is processed, the Industrial Commission sends an acknowledgement and notifies the employer/insurer so they can respond on compensability and benefits.

What the Insurance Company Does

The insurance company digs into your claim to decide if they’ll pay. They look at your medical records, talk to witnesses, and check your work history. This can take a few weeks, sometimes longer.

Three Possible Outcomes

Your claim can go one of three ways:

  • Accepted — You get benefits and medical bills paid.
  • Denied — They reject your claim, and you’ll need to appeal.
  • Partially accepted — They approve some parts, but not others.

Timeline Expectations

Most workers’ comp cases take a few months to over a year. It depends on your medical treatment and on any disputes. The NC Industrial Commission expects insurance companies to respond within a reasonable timeframe, but it sometimes feels like responses take too long.

You should get confirmation from the NCIC after you file. Hang onto every document.

During the Review Period

Keep seeing approved doctors. Save all your medical paperwork and write down your symptoms and how you’re doing. The insurance company may request an independent medical exam, so be prepared.

If they deny your claim, you can ask for a hearing with the North Carolina Industrial Commission to fight the decision.

If you’re unsure whether Form 18 was filed or your benefits have stalled, Morrison Law Firm, P.L.L.C. can map out the next steps and paperwork quickly—schedule an appointment.

If you’re ready to get started, call us now!

When There’s A Dispute: What “Request For Hearing” Means (And When It Shows Up)

A Form 33 Request for Hearing is the official document you send to the North Carolina Industrial Commission when your employer or their insurance company denies, delays, or cuts your workers’ compensation benefits.

This request kicks off a legal process. A Deputy Commissioner reviews your case and makes a decision based on the evidence.

Common Dispute Reasons (Causation, Wage Rate, Treatment, Disability Rating)

The most common reason for filing a Request for Hearing is a causation dispute.

Insurance companies sometimes claim your injury didn’t happen at work or that your job didn’t cause it.

Wage rate discrepancies arise when the insurer incorrectly calculates your average weekly wage. That can change how much you get in weekly payments.

You may need to provide proof of your actual earnings, such as pay stubs or tax records. It’s not always straightforward, and sometimes it feels like you’re digging through endless paperwork.

Medical treatment denials happen when the insurance company refuses to approve certain procedures, specialists, or ongoing care your doctor recommends.

They might argue the treatment isn’t necessary or isn’t tied to your work injury. It’s frustrating, especially when you know what you need to recover.

Disability rating disputes come up when you and the insurer disagree about your level of permanent impairment.

The company’s doctor might give a lower rating than your own doctor. That lower rating can mean a smaller settlement, so it’s a big deal.

A workers’ compensation lawyer can help you challenge those medical opinions. Sometimes, you’ll need an independent evaluation just to get a fair shake.

How To Prepare (Records, Timelines, Treating Provider Notes)

Gather all your medical records starting from the date you got hurt. Include emergency room visits, hospital stays, physical therapy, and specialist appointments.

These records show the severity of your injuries and how they’ve changed over time. Don’t skip anything, even if it seems minor.

Make a detailed timeline of your injury, when you reported it, and every interaction with your employer or the insurance company.

List dates you got forms, made phone calls, or went to appointments. It’s a hassle, but having it all in one place helps a ton during the hearing.

Treating provider notes is critical in hearings. Request complete records from your primary doctor and any specialists.

These notes should cover your symptoms, physical limitations, and how the injury affects your daily life. Your doctor’s opinion about work restrictions and what caused the injury can be key evidence.

Collect pay stubs from before you got hurt to show your wage rate. Retain all denial notices and letters from the insurance company.

Keep everything in order by date. That way, you can quickly find what you need if someone asks about a specific event.

Common Mistakes That Delay Benefits

Missing the 30-day reporting deadline trips up many people. North Carolina law says you have to report your injury to your employer within 30 days.

If you wait too long, your claim could be dismissed. That’s a harsh lesson you don’t want to learn the hard way.

Not getting medical attention right away can hurt your case in two big ways. Waiting can make your injury worse, and insurance companies love to argue that delays mean your injury wasn’t serious or work-related.

Key mistakes to avoid include:

  • Leaving forms incomplete or making mistakes on them
  • Skipping follow-up appointments with approved doctors
  • Seeing a doctor who’s not on your employer’s approved list
  • Not saving records of medical visits and expenses
  • Forgetting to write down how the injury happened

Insurance companies sometimes use delay tactics to drag out the process. They might request additional paperwork or more information.

These delays can disrupt your finances and recovery. It’s more than just annoying—it can really set you back.

Heading back to work before your doctor says it’s okay can also cause trouble. The insurance company could argue you’re all better and don’t need benefits anymore.

Failing to keep in touch with your employer or the insurance company can lead to confusion and further delays. Save copies of every email and letter, and jot down details after each conversation.

What To Do Next: A “First 10 Days” Action Plan

What To Do Next: A "First 10 Days" Action Plan

Taking the right steps right after a workplace injury can protect your workers’ comp claim.

The first 10 days are critical to building a strong case.

Report Your Injury Right Away

Inform your employer of your injury as soon as it occurs. North Carolina law says you need to report workplace injuries within 30 days, but waiting around can mess up your claim.

Put your report in writing. Keep a copy for your own records—trust me, you’ll want it.

See an Approved Doctor

In North Carolina, the employer or insurer generally directs authorized medical treatment.  Normally, your employer will send you to an urgent care facility for an evaluation.  Do not have any alcohol to drink before going for your appointment because you will likely have to take a blood test.  If you want to be treated by a different doctor, you may need approval (by the insurer/employer or an order from the Industrial Commission).

Go to the doctor they send you to and actually follow their advice. Skipping appointments or ignoring treatment plans? That can really hurt your claim.

Document Everything

Keep detailed records about your injury and treatment. If you can, take photos of your injury and the accident scene. Jot down what happened while it’s all still fresh in your mind.

Track Your Medical Visits

Keep a list of doctor appointments, treatments, and any medications you’re taking. Save all your medical bills and receipts. Write down any days you miss from work because of your injury.

Know Your Rights

You can pick your own doctor after the first 10 days are up. You also have the right to file a workers’ comp claim even if your employer says the injury didn’t happen at work. 

If your claim gets denied or just drags on, think about talking to a workers’ comp attorney.

 Avoid missed deadlines and incomplete Form 18 details—get a clear filing plan and dispute response. Schedule an appointment with Morrison Law Firm.

Contact Us Today For An Appointment

    Frequently Asked Questions 

    How do I start a workers’ comp claim in North Carolina?

    Report the injury to your employer immediately and in any event within 30 days. Then file NCIC Form 18 with the North Carolina Industrial Commission to formally assert your claim—employer paperwork alone may not protect your rights.

    Is NCIC Form 19 the same as filing my workers’ comp claim?

    No.  The Form 19 is the employer’s first report of injury and does not satisfy the employee’s obligation to file a claim. To protect your rights, the employee should file Form 18, even if the employer or insurer has already opened a file.

    What is the deadline to file Form 18 in North Carolina?

    The Form 18 instructions state it must be filed with the Industrial Commission within two years of the date of injury (and related timing rules may apply for occupational disease/last payment scenarios). Missing the deadline can bar the claim.

    Where do I submit Form 18 in North Carolina?

    File Form 18 with the North Carolina Industrial Commission. The Commission provides an official forms portal and a Form 18 PDF with instructions; some claimants may also use an electronic Form 18 option. Follow the filing directions on the form.

    What if my employer refuses to report my workplace injury?

    If an employer fails or refuses to report an injury, the NC Industrial Commission advises the employee to file a claim (Form 18 or 18B) with the Commission within 2 years. Preserve your documentation and submission confirmation for your records.  I suggest you see a lawyer to make sure you make the right moves at the right time.

    Who chooses the doctor in a North Carolina workers’ comp case?

    The NC Industrial Commission explains that the employer or insurer generally directs medical treatment, subject to Commission orders. An employee may petition to change physicians or seek approval for a chosen physician, but payment may be subject to prior written authorization.

    What do I do if my workers’ comp claim is denied in North Carolina?

    If the insurer/self-insurer denies the claim, the NC Industrial Commission states the employee may request a hearing by submitting Form 33 (Request for Hearing). Keep copies of denial notices, medical records, and any communications supporting compensability. 

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