How to File a Workers' Compensation Claim
What you need to know after an on-the-job accident
At the Law Offices of James Scott Farrin, our North Carolina workers' compensation lawyers are dedicated to serving clients throughout the state. We fight for the compensation our clients may rightfully deserve after being injured on the job.
Let us protect your rights. Call 1-866-900-7078 today for a free case evaluation.
Your first step toward benefits
In North Carolina, the first step an injured worker should take is to immediately inform his or her supervisor in writing.
The next step is to complete a Form 18 — Notice of Accident to Employer and Claim of Employee, Representative or Dependent for NC Workers' Compensation Benefits. The employee should file the form with the North Carolina Industrial Commission and provide a copy to his employer and/or its insurance carrier — and keep a copy.
The Form 18 should be filed by the injured worker within 30 days, and must be filed within two years of the injury. Ideally, this form is reviewed by an experienced NC Workers' Compensation lawyer.
The employee is entitled to a detailed statement from the employer or insurance carrier of grounds for denying any claim within 14 days of receipt unless time is extended by the North Carolina Industrial Commission's Executive Secretary's Office. If a claim is denied the employee should receive a copy of Form 61 — Denial of NC Workers' Compensation Claims from his or her employer, outlying the reasons for the denial.
Otherwise, the employee should receive a Form 60 — Employer's Admission of Employee's Right to Compensation, or a Form 63 — Notice To Employee of Payment without Prejudice. A Form 63 is a provisional acceptance that the insurance carrier can later reverse within certain time limitations. Anyone holding a Form 63 is at risk of having needed benefits denied and should speak with an experienced NC Workers' Compensation Lawyer without delay.
Your rights after a claim is denied
If a claim is denied, the employee has the right to request a hearing by filing a Form 33 - Request for Hearing with the North Carolina Industrial Commission.
The Form 33 may be used to raise other disputes over NC Workers' Compensation benefits with the North Carolina Industrial Commission as well.
Filing a request for hearing before the North Carolina Industrial Commission is not the same as filing a civil lawsuit. By requesting a hearing, injured workers are not "suing" their employer; they are simply requesting that the North Carolina Industrial Commission make a formal decision about whether employers and their insurance companies are responsible for providing Workers' Compensation benefits.
The role of the North Carolina Industrial Commission
The North Carolina Industrial Commission will generally order that a mediated settlement conference ("Mediation") be held prior to the hearing, to see if the case can be resolved without court involvement. The Workers' Compensation Team at James Scott Farrin handles numerous mediations on behalf of its clients on a regular basis.
Other forms you might want to be aware of include Form 28T — Notice of Termination of Compensation by Reason of Trial Return to Work — which indicates that an employee returned to work, even if only for a brief time. The Form 28T allows the carrier to turn off a worker's checks. It is very important for a worker not to return to work before it is medically safe to do so. Our skilled NC Workers' Compensation lawyers can help protect your rights in this regard.
A Form 24 — Application to Terminate or Suspend Payment of Compensation is what the insurance carrier must file if it wants to turn off a worker's weekly check without him or her returning to work. Our NC Workers' Compensation lawyers can help you navigate this process.
Contact a workers' comp attorney in North Carolina
Insurance companies may try to deny your workers’ compensation claim. Don’t let them decide your future. Take control. Contact a workers’ compensation attorney in North Carolina today. At the Law Offices of James Scott Farrin, our accident attorneys in North Carolina are dedicated to assisting our clients with their workers’ compensation claims.
The Law Offices of James Scott Farrin– we're on your side.