Report your North Carolina Workers’ Compensation Injury

On Behalf of O’Malley Tunstall PLLC | Nov 4, 2013 | Civil Trial, Legally Speaking, Workers’ Compensation

In North Carolina an injured worker is required to report an injury at work to the North Carolina Industrial Commission within thirty days (30) of your injury and no greater than two (2) years of the date of your injury.  N.C. Gen.Stat. § 97-22. Injuries are reported on a North Carolina Industrial Commission Form 18.  The North Carolina Industrial Commission (NCIC) is the state agency that handles all workers’ compensation claims, hearings and appeals. To report your claim, report your claim with a Form 18, informing the Industrial Commission and your employer of the nature of your injury, how the injury occurred and when the injury occurred. Why you should file a NCIC form 18 with Susan O’Malley

The North Carolina Supreme Court held that when an injured employee “fails to give written notice of the accident to the employer within 30 days as required by N.C. Gen.Stat. § 97-22, regardless of whether the employer had actual notice of the accident, the Commission cannot award compensation to the employee unless the Commission concludes as a matter of law, and supports the conclusions with appropriate findings of fact, that: (1) the lack of timely written notice is reasonably excused, and (2) the employer has not been prejudiced thereby.”  Gregory v. W.A. Brown & Sons, 212 N.C. App. 287, 290-91, 713 S.E.2d 68, 71 (2011) writ denied, review denied, 719 S.E.2d 26 (N.C. 2011).

Some injured workers neglect to immediately report their injury to the Industrial Commission due to fear for their jobs.  This delay in reporting can result in a valid case being denied due to prejudice to the carrier.  Delay in reporting can also delay payment of medical expense and indemnity (wage loss).  File your Form 18 and protect your claim. If you have questions about whether your injury is work related, contact our office and we will gladly discuss the compensable nature of your claim and discuss your rights.