A Guide to the Process & Timelines for Injured Workers in North Carolina
If you’ve been hurt on the job, chances are you’re dealing with more than just physical pain. The questions start piling up fast: How will I pay my bills? When will I get my first check? How long will this claim drag on?
At Shankle Law Firm, we’ve helped thousands of injured workers navigate the North Carolina workers’ compensation system. One of the most common things our clients want to know is: “How long will all of this take?” The answer really depends on several factors—but understanding the typical process and potential delays can help you feel more in control.
What Affects the Timeline of a Workers’ Comp Claim?
No two claims move exactly the same way. The length of time it takes to resolve your case depends on several key elements:
- The severity of your injury
- Whether the claim is accepted or denied
- The need for ongoing or specialized medical treatment
- How cooperative your employer and their insurance company are
- Whether you have legal representation to advocate on your behalf
Let’s break down the stages of a typical North Carolina workers’ comp claim and what you can expect during each one.
Step-by-Step: The Workers’ Compensation Timeline
- Immediately After the Injury: North Carolina law requires that employees report the injury to their employer immediately, but no later than 30 days from the date of the injury. This notification should be both oral and written to ensure proper documentation. ic.nc.gov
- Filing the Claim: To formally initiate a workers' compensation claim, the injured worker should complete and file Form 18 with the NCIC. This form must be submitted within two years from the date of injury or the last payment of medical compensation. ic.nc.gov
- Employer's Reporting Obligations: Upon learning of the injury, the employer is required to file Form 19, the "Employer’s Report of Employee’s Injury to the Industrial Commission," within five days if the injury results in more than one day of missed work or medical expenses exceeding $4,000. ic.nc.gov
- Waiting for a Decision: After the employer files Form 19, the insurance carrier reviews the claim. If the claim is accepted, the employee should begin receiving benefits promptly. If denied, the employee will be notified, and they may need to pursue a hearing before the NCIC.
- Medical Treatment and Recovery: The duration of medical treatment varies based on the injury's severity. The employer or their insurance carrier typically directs medical care, but employees may request a second opinion. This phase continues until the treating physician determines the employee has reached Maximum Medical Improvement (MMI). ic.nc.gov
- Determining Permanent Impairment or Disability: Post-MMI, the physician may assign a Permanent Partial Disability (PPD) rating if there’s lasting impairment. This rating influences the duration and amount of additional benefits.
- Settling the Case (Optional): Some cases conclude with a settlement, especially if there are disputes or if the employee prefers a lump-sum payment. Settlement negotiations can vary in length, depending on case complexity and the parties' willingness to agree.
What Can Delay a Workers’ Comp Claim?
Even straightforward cases can run into roadblocks. Some of the most common causes of delays include:
- Disputes over whether the injury is work-related
- Employer refusal to file or acknowledge the claim
- Insurance company slow to approve care or wage replacement
- Denied claims that require hearings or appeals
- Disagreement about your impairment rating or work capacity
Without legal guidance, it’s easy for these issues to go unresolved for months—or longer.
Why a Workers’ Compensation Attorney Can Help
While it’s possible to file a claim on your own, the process can become overwhelming—especially if your case is denied or delayed.
Working with an experienced workers’ comp attorney can:
- Help ensure all paperwork is filed correctly and on time
- Push back against unnecessary insurance delays
- Secure second medical opinions or appropriate care
- Maximize your benefits or settlement under North Carolina law
- Represent you in hearings before the Industrial Commission
At Shankle Law Firm, we don’t just help you with the legal process—we support you through the physical and emotional burden of your injury.
Final Tip: Don’t Wait Too Long to Act
Many people hope things will resolve on their own—but time is not on your side. Delays in reporting, seeking treatment, or consulting with an attorney can jeopardize your ability to recover benefits.
If you're unsure about the status of your claim or feel like your employer or insurer is stalling, you don’t have to wait it out alone. Contact our team for a free consultation today. We’ll review your situation and help you understand your next steps.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.