Steps to Take After a Workplace Injury

First and foremost, seek medical attention immediately. Your health is the top priority. If it’s an emergency, do not wait – call 911 or go to the nearest emergency room for treatment right away, even if you don’t have your employer’s prior approval. After you’ve gotten initial medical care, report the injury to your employer as soon as possible. Ideally, tell your supervisor immediately after the accident (or as soon as you realize an injury is work-related). Prompt reporting helps establish a clear link between your work and the injury, which can be crucial for your claim.

Notify your employer right away – both verbally and in writing. North Carolina law requires that you give your employer written notice of the accident within 30 days. In practice, many workers inform a supervisor immediately and then follow up with a written report or email describing the injury. In your notice, include the date of the injury, where and how it happened, and what injuries you sustained. Even if the injury seems minor, don’t delay reporting; if you wait beyond 30 days, you risk losing benefits (there are some exceptions for special cases, but timely notice is the safest course). Keep a copy of any written notice or email you give, in case there’s later a dispute about whether you reported on time.

In an emergency, get the medical care you need first. North Carolina’s rules allow you to obtain necessary emergency treatment from any doctor or hospital if your employer does not promptly provide care. You should then notify your employer and the workers’ comp insurance as soon as you are able. If your employer fails or refuses to authorize treatment in an urgent situation, you can choose your own provider for the emergency, but you must inform the NC Industrial Commission afterwards and get the treatment approved retroactively. Always follow up with your employer as soon as possible after the emergency is handled.

In North Carolina, the employer (or its workers’ comp insurance carrier) has the right to direct your medical care at first. This means your employer can specify which doctor or clinic you must go to for treatment of your injury. Usually, they’ll send you to an authorized treating physician or occupational health clinic that the company uses. However, you do have some rights and options regarding medical care:

• Emergency exception: If you require emergency care, you can go to the nearest ER or urgent care immediately, regardless of the authorized physician.
• Changing doctors: If you are unhappy with the doctor chosen by your employer/insurer, you can request a change of physician. To do this, you apply to the NC Industrial Commission (often by filing a Form 33R, a request for a change of treating physician) and explain why a different doctor would be in your best interest. The Commission may allow you to switch to a new doctor if warranted.
• Second opinion: If you receive a permanent disability rating (an impairment rating) and you disagree with it, you are entitled to one second-opinion evaluation by a doctor of your choice, paid for by the insurance company. This typically applies when you’ve reached maximum medical improvement and the question is what permanent damage you have.
• Independent Medical Examination (IME): If there’s a dispute about your condition or treatment, you may request an independent medical examination with a doctor of your choosing. Unlike the one free second opinion for a rating, an IME for other issues might be at your own expense unless ordered by the Commission.

Remember, if you simply go to your own doctor without the employer/insurer’s approval (and it’s not an emergency), you risk being stuck with the bill. It’s best to follow the authorized treatment plan, and use the proper channels to request a new doctor or second opinion if needed. The goal of the system is to ensure you get appropriate care, even if the initial choice isn’t yours.

Once you report an injury, your employer (or their insurance carrier) should act promptly to facilitate your claim. Key employer responsibilities include:

• Providing medical direction: They should refer you to an authorized medical provider for treatment (unless emergency care is needed immediately).
• Filing required paperwork: Your employer must file a formal report of the injury, known as Form 19 “Employer’s Report of Employee’s Injury”, with the North Carolina Industrial Commission and send a copy to their insurance company. They should also give you a blank Form 18 (the form you use to file your claim) or inform you how to obtain it.
• Cooperating with the insurance investigation: The employer or insurer will investigate the circumstances of your injury. This may include accident reports and possibly asking you for additional details or to undergo an independent medical exam. You should answer questions truthfully, and your employer should not hinder your claim.
• No retaliation: Importantly, your employer cannot retaliate against you for reporting an injury or filing a workers’ comp claim. By law, they cannot fire, demote, or reduce your pay just because you exercised your rights (more on this later). They should also refrain from pressuring you to not file a claim or to come back to work too soon.

Most employers and insurers in NC will follow the law and handle your claim appropriately. If your employer refuses to document the injury or doesn’t cooperate, you can file the claim yourself to protect your rights.