FAQs About Filing Notice of an Accident & Workers' Comp Claim

If you're hurt on the job in North Carolina, the first step is to tell your employer about the accident and injury. This notification is a key part of the workers' compensation process.

When you inform your employer, it’s important to do so as soon as you can after the injury occurs. North Carolina law requires you to give notice to your employer within 30 days of the date of injury. While you can provide verbal notice, it's better to do it in writing. This creates a clear record of when you reported the injury. **There are important requirements and exceptions to the 30-day Notice of Accident rule. Consult legal counsel immediately about the individual aspects of your comp claim.

One way to provide written notice is by using Form 18. This form is called "Notice of Accident to Employer and Claim of Employee, Representative, or Dependent." When you fill out and submit Form 18, you're not only notifying your employer but also starting your official workers' compensation claim with the North Carolina Industrial Commission.

Form 18 asks for information about you, your employer, and your injury. You'll need to provide details such as when and where the injury happened, which parts of your body were affected, and how the injury occurred. You'll also include information about your job, like your occupation and weekly wage.

What is a Change in Condition?

Remember, even if you've told your employer verbally about your injury, or if your employer has filed their own report (Form 19), it's still important for you to submit Form 18. This form helps protect your rights under North Carolina workers' compensation law.

If you're unable to give notice within 30 days due to your injury or other reasonable cause, you may still be able to pursue a claim. However, it's a good idea to provide notice as soon as you can to avoid potential issues with your claim. Call the Dodge Jones Injury Law firm now if you’d like more information about how to begin your Workers’ Compensation claim: 877-622-6671

Filing Form 18 is an important step in the workers' compensation process, but it can be more complex than it might seem at first glance. This is especially true when you're dealing with an injury that may leave you in pain, confused, or even hospitalized.

Form 18 requires you to provide detailed information about your injury, your employment, and the circumstances of your accident. You'll need to include your personal details, your employer's information, and specifics about your injury such as the date it occurred, where it happened, which body parts were affected, and how the injury came about.

What is Suitable Employment?

The form also asks for information about your occupation, your employer's business, the number of days you've missed work, whether you've received medical treatment, your weekly wage, and your typical work schedule. Gathering all this information while you're recovering from an injury can be challenging.

There are general timelines involved. While you have two years from the date of injury to file Form 18 with the Industrial Commission, if able, you're required to give notice to your employer within 30 days of the injury. Balancing these deadlines while focusing on your recovery can be stressful.

It's also important to understand that Form 18 is just the beginning of the workers' compensation process. After filing, you may need to deal with responses from your employer or their insurance company, which could include acceptance of your claim, requests for additional information, or even denial of benefits.

Given these complexities, many injured workers find it helpful to consult with a workers' compensation attorney. A lawyer who understands the intricacies of North Carolina workers' compensation law can guide you through the process, make sure your Form 18 is filled out correctly and filed on time, and help you navigate any challenges that arise during your claim.

Part of what we do involves helping you understand your rights, explain the benefits you may be entitled to, and advocate on your behalf if disputes arise. We also can handle communications with your employer and their insurance company, allowing you to focus on your recovery.

Remember, the workers' compensation system is designed to protect your rights as an injured worker, but navigating it can be complicated. Seeking legal guidance makes sense. Don't miss critical steps or deadlines in the process of filing your claim. Email NC Workers’ Compensation Lawyer Kevin Jones now to schedule a complimentary consultation: Kevin@DodgeJones.com

After you submit Form 18 to the North Carolina Industrial Commission, several steps occur to process your workers' compensation claim. Understanding what happens next can help you know what to expect and prepare for the different stages of your claim. It can be a bit complicated. That’s one reason it’s a good idea to consult an experienced Workers Comp lawyer about the individual aspects of your accident claim and damages.

Once the Industrial Commission receives your Form 18, they will begin processing it. The time for processing can vary depending on their current workload. You may not hear back immediately, but this doesn't mean your form hasn't been received or is being ignored.

After processing your Form 18, the Industrial Commission will send you an acknowledgment letter. This letter confirms that they have received and processed your form. The letter will include a unique identifier for your case, known as the I.C. File Number. It's important to keep this number for your records, as you'll need to reference it in any future correspondence about your claim.

The Industrial Commission will also notify your employer or their workers' compensation insurance carrier about your claim. They will send a copy of the acknowledgment letter to these parties. This notification prompts your employer or their insurance carrier to respond regarding your potential compensation.

At this point, your employer or their insurance carrier may reach out to you to discuss your claim. They may ask for additional information about your injury or illness. They might also inform you about whether they will voluntarily pay compensation or if they dispute any aspect of your claim. We think it’s a good idea to consult with a workers compensation lawyer before speaking with an insurance adjuster and/or your employer.

If your employer or their insurance carrier agrees to pay compensation, they will file a Form 60 with the Industrial Commission. This form is an admission of the compensability of your injury. If they dispute your claim, they may file a Form 61, which is a denial of your workers' compensation claim.

It's important to note that even if your employer has already filed a Form 19 (Employer's Report of Employee's Injury) or has begun paying you compensation, the filing of your Form 18 is still necessary. It establishes your claim legally and helps ensure your rights are protected under North Carolina workers' compensation law.

During this period, it's helpful to keep records of all communication related to your claim. This includes correspondence with your employer, their insurance carrier, and any healthcare providers you see for your work-related injury or illness. These records can be valuable if any disputes arise about your claim.

If you haven't heard from your employer or their insurance carrier within a reasonable time after filing Form 18, or if they deny your claim, you may need to take additional steps. This could include filing a request for a hearing with the Industrial Commission.

The workers' compensation process can take time, and the path forward may depend on the specifics of your situation. If you find the process confusing or if you're unsure about the next steps, we think it’s a good idea to consult with a workers' compensation attorney who can provide guidance based on your specific circumstances. The accident lawyers at the Dodge Jones Injury Law Firm provide a free case evaluation for Workers Comp cases in North Carolina. Call now: 877-622-6671

When you file a workers' compensation claim in North Carolina, your employer or their insurance company may not always agree with your claim. If this happens, it's important to understand your options and the steps you can take to address the situation.

If your employer disputes your claim, they will typically file a Form 61 Denial with the North Carolina Industrial Commission. This form is a denial of your workers' compensation claim. Your employer or their insurance carrier should provide you with a copy of this form, explaining the reasons for the denial.

Common reasons for denial can include disputes about whether the injury is work-related, disagreements about the extent of the injury, or claims that you didn't report the injury in a timely manner. Whatever the reason, a denial doesn't necessarily mean the end of your claim.

If your claim is denied, you have the right to request a hearing before the Industrial Commission. This is done by filing a Form 33, "Request for Hearing." In this hearing, you'll have the opportunity to present evidence supporting your claim, including medical records and testimony from witnesses.

Before the hearing, you may be required to participate in mediation. This is a process where you, your employer, and a neutral third party (the mediator) try to reach an agreement about your claim. Many disputes are resolved at this stage, without needing to go to a formal hearing.

If mediation doesn't resolve the dispute, your case will proceed to a hearing before a Deputy Commissioner of the Industrial Commission. This hearing is similar to a trial, where both sides present evidence and arguments. The Deputy Commissioner will then make a decision about your claim.

Throughout this process, it's important to continue receiving necessary medical treatment for your injury. Keep detailed records of all your medical appointments, treatments, and any communication with your employer or their insurance company.

You should also be aware that there are time limits for appealing a denied claim. Generally, you have two years from the date of injury or last payment of medical compensation to request a hearing. However, it's usually best to act sooner rather than later.

Navigating a disputed workers' compensation claim can be complex. The process involves understanding sometimes complicated legal procedures, gathering and presenting evidence, and potentially participating in negotiations or a formal hearing.

We believe it’s smart to seek the assistance of a workers' compensation attorney at this stage if you haven’t already done so. A Comp Lawyer can help you understand your rights, gather evidence, and represent your interests throughout the appeals process.

Remember, a dispute or denial doesn't necessarily mean you won't receive benefits. It's part of the process that some claims go through before being resolved. By understanding your rights and the steps you can take, you can continue to pursue the workers' compensation benefits you may be entitled to under North Carolina law.

Workers' compensation in North Carolina provides several possible types of benefits to help you if you've been injured on the job. Understanding these benefits can help you know what to expect and help ensure you receive the support you're entitled to under the law.

One of the primary benefits of workers' compensation is coverage for medical treatment. This includes necessary medical care related to your work injury. This can encompass doctor visits, hospital stays, prescriptions, physical therapy, and even travel expenses for medical appointments. It's important to note that in most cases, your employer or their insurance company has the right to direct your medical care, which means they can choose the doctor you see for treatment.

Another key benefit is wage replacement, also known as disability benefits. These benefits are designed to provide you with income while you're unable to work due to your injury. In North Carolina, there are four types of disability benefits:

Temporary Total Disability (TTD) benefits are paid when you're completely unable to work for a temporary period. These benefits are typically two-thirds of your average weekly wage, up to a maximum set by state law.

Temporary Partial Disability (TPD) benefits apply if you can return to work, but at reduced hours or wages due to your injury. These benefits make up two-thirds of the difference between your pre-injury wages and your current earnings.

Permanent Partial Disability (PPD) benefits are paid if you've suffered permanent impairment to a body part, but can still work in some capacity. The amount and duration of these benefits depend on the body part affected and the degree of impairment.

Permanent Total Disability (PTD) benefits are for workers who are permanently and totally disabled due to their work injury. These benefits can continue for an extended period, potentially for life.

In addition to medical and wage replacement benefits, workers' compensation in North Carolina also provides vocational rehabilitation services. If you're unable to return to your previous job due to your injury, these services can help you find new employment through job training, education, or job placement assistance.

If a work-related injury or illness results in death, workers' compensation provides death benefits to the deceased worker's dependents. These benefits include compensation for burial expenses and ongoing payments to eligible dependents.

It's important to understand that the process of obtaining these benefits isn't always straightforward. The type and amount of benefits you receive will depend on various factors, including the nature and severity of your injury, your average weekly wage before the injury, and how long you're unable to work.

There can also be disagreements with employers or insurance companies about the benefits you should receive. In such cases, you have the right to contest decisions about your benefits through the North Carolina Industrial Commission.

Given the complexity of workers' compensation benefits and the potential for disputes, it’s a good idea to consult with a workers' compensation attorney. We want to make sure our clients receive all the benefits they’re entitled to under North Carolina law.

Remember, the goal of workers' compensation is to support you as you recover from a workplace injury. By understanding the benefits available, you can take an active role in your recovery and ensure you're receiving the support you need.