Here’s what you need to know about Workers Comp in North Carolina

When you face a work injury, North Carolina’s system under Chapter 97 of the General Statutes and the Industrial Commission has certain procedures and deadlines. You should move quickly to protect your rights, document your case, and secure benefits for medical care and lost wages. We hope these 10 quick Workers Comp tips will help guide you through each step, from the moment you’re hurt until you resolve your claim. If you have specific questions about the specifics of your case and you’re in coastal/eastern North Carolina, give us a ring at the Dodge Jones Injury Law Firm.  Call now: 877-622-6671

Workers Comp Tip 1: Report Your Injury Promptly

You should notify your employer of any work-related injury as soon as possible after an accident, or you risk losing your right to compensation under N.C.G.S. § 97-22. Even if symptoms don’t appear immediately, you should give both verbal and written notice as soon as you recognize that an injury or disease is connected to your job. Follow up with a dated letter or email so you have proof of notice. Your workers compensation lawyer can help with that. This simple step can keep the door open for medical benefits and wage replacement when you need them most.

Workers Comp Tip 2: Seek Authorized Medical Care

North Carolina law lets your employer direct you to certain physicians or the “company doctor” for your treatment. While you may go to your own doctor, you could be personally responsible for medical expenses. If you need immediate care, you may go to the nearest emergency room, but you should follow up with the company physician for ongoing treatment. Always keep copies of medical records, prescriptions, and invoices to support your claim before the Industrial Commission if that becomes necessary.

Tip 3: Understand Your Rights Under N.C.G.S. Chapter 97

Chapter 97 is intended to provide payment for all reasonable medical expenses and two-thirds of your average weekly wage, subject to statutory caps. Temporary total disability benefits begin when you miss more than seven days of work and continue until you reach maximum medical improvement. If you return to work at reduced capacity, you qualify for temporary partial disability. Familiarize yourself with terms like “compensable injury,” “average weekly wage,” and “having reached maximum medical improvement” to track eligibility and know when benefits should start and stop.

Tip 4: Keep Detailed Records of Treatments and Expenses

Every doctor visit, physical therapy session, and prescription fill can contribute to your claim for full and fair compensation. Log dates, times, locations, provider names, and out-of-pocket costs. Note any travel mileage to and from appointments. You may recover expenses consistent with N.C.G.S. § 97-25.1. By maintaining a single file or digital folder of records, your lawyer will have documentation ready if the insurance carrier or the Commission requests confirmation of your expenses or challenges your treatment plan.

Tip 5: Meet All Industrial Commission Deadlines

Your claim may require specific forms at precise times. Your attorney can help file the Form 18 (also known as a Claim of Employee Form) with the Industrial Commission to officially open a case. If your employer or insurer hasn’t authorized benefits, you may need to request a hearing by filing Form 33. Missing deadlines can mean losing your right to a hearing or to compensation. Keep a calendar of all due dates and set reminders to file or respond at least ten days in advance. That’s yet another reason it makes sense to retain a Workers’ Comp lawyer. We help advise you of your rights and file the necessary documentation to protect your legal rights and options.

Tip 6: Consider Legal Guidance When Claims Stall

Some insurance adjusters intentionally delay approvals, payment, or even dispute the extent of your injury. Clearly, that’s not fair or consistent with the Comp Laws in North Carolina. When you face denials or slow responses, that’s where having a lawyer experienced in North Carolina Workers Comp can really help. We can draft formal correspondence, file petitions for expedited hearings (obviously when appropriate), and negotiate on your behalf. You’re not required to have a lawyer, but having one on your side can help level the playing field when insurers use tactics that put pressure on you to accept less than you deserve.

Tip 7: Prepare Thoroughly for Depositions and Hearings

If your case proceeds to depositions or a Commission hearing, you may need to give sworn testimony under oath. Before doing so, your lawyer may want to go over your medical records, treatment notes, and job description with you so you can answer questions accurately and completely. Dress in business-casual attire, arrive early, and bring organized copies of all exhibits. Again, that’s something your lawyer can help prepare and organize in advance of the deposition. Answer only the question asked without volunteering extra details. Clear, consistent testimony helps strengthen your credibility before the deputy commissioner.

Tip 8: Explore Vocational Rehabilitation Options Early

If your injury prevents you from returning to your former job, North Carolina law allows you to apply for vocational rehabilitation benefits. Those services may include skills testing, career counseling, and job placement assistance. It’s important to notify the Commission in writing that you’re interested in vocational rehab before reaching maximum medical improvement. By initiating that process early, you can help avoid delays if you ultimately need training or support to secure alternate employment.

Tip 9: Monitor Your Average Weekly Wage Calculations

Insurers calculate your benefit rate based on wages earned during the 52 weeks before your injury (that’s the general rule; there can be exceptions in some circumstances). That figure should include overtime, shift differentials, and regular bonuses. Review the insurer’s wage statement and compare it against your pay stubs. If you spot errors or omissions, your attorney may need to submit a written challenge with supporting payroll records. An accurate average weekly wage helps ensure you receive the full two-thirds replacement you’re owed.

Tip 10: Plan for a Long-Term Impact on Benefits

Some injuries lead to permanent partial impairment ratings or scheduled losses of use. Those awards can provide lump-sum or ongoing payments beyond temporary benefits. You may remain eligible for future medical treatment related to your injury, subject to reasonable necessity. Stay informed about statutes like N.C.G.S. § 97-31 so you understand how impairment ratings work and what forms to file if you need additional care after your claim closes.

By following these tips, you take control of your Workers Comp claim in North Carolina from start to finish. Timely reporting, proper medical care, detailed records, and respect for deadlines will keep your claim on track. If disputes arise, you can seek legal guidance to protect your benefits. With your case organized and documented, you’ll be better able to navigate the Industrial Commission process with confidence and secure the compensation you need to recover and return to work. Have questions? Give Attorney Kevin Jones at the Dodge Jones Injury Law Firm a call.  It would be an honor to help during your time of need!