Statute of Limitations on Workplace Injury
If you’ve been injured at work, you may be wondering what the statute of limitations is. This is a legal term that refers to the time that you have to file a lawsuit. Under North Carolina law, workers’ compensation claims are governed by a two-year statute of limitations. However, some exceptions may apply to you and your case.
What Should I Do if I Am Injured at Work?
If you are injured at work, it is important to take the following steps:
- Notify your employer of the injury.
- Seek medical attention as soon as possible.
- Report the injury to your supervisor or human resources department.
- Keep a copy of your medical records and workers’ compensation paperwork.
- Contact an experienced workers’ compensation lawyer for assistance with your case.
At Collier Law, we understand what you are going through and will work diligently to get you the benefits you deserve. Call us today for a free consultation.
What Is the NC Workers’ Compensation Act?
The NC Workers’ Compensation Act is a state law that provides benefits to employees who are injured or become ill as a result of their job. Under this law, you are entitled to medical expenses, income replacement, and death benefits if you are injured or killed on the job.
The Statute of Limitations for Workplace Injury in North Carolina
North Carolina’s statute of limitations for work injuries is two years. This means that you have two years from the date of the accident to file a suit. However, there are some exceptions to this rule. For example, if you were injured due to an intentional act or if you were injured while working in a federal workplace, you may have to file your claim in a different time frame.
Filing a Workers’ Compensation Claim in North Carolina
If you have been injured or become ill as a result of your job, you can submit a workers’ comp claim in North Carolina. You will need to fill out an Application for Workers’ Compensation Benefits to do this. You can download this form from the NC Department of Labor website.
You should also contact an attorney who specializes in workers’ compensation law. An attorney can help you file your claim and represent you at any hearings that may be required.
When Should I Report My Injury to My Employer?
You should report your injury to your employer as soon as possible. In most cases, you must report the injury within 30 days. However, there are some exceptions to this rule. For example, if you are injured outside of work or if your injury is not immediately apparent, you may have more time to report the injury.
How Long Does it Take to File a Workers’ Comp Claim in North Carolina?
A claim can be filed virtually immediately. It is important to contact an experienced attorney to expedite this process. The first step is to file a Form 18 Notice of Accident with the Industrial Commission. Then the Commission will send it to the employer or insurance carrier, and usually there is a short period of time while the formwork moves through the insurance carrier, an adjuster is assigned, and they conduct their investigation.
What Happens After Submitting Workers’ Compensation Claims?
Once you submit your claim, the Industrial Commission will forward the documents to your employer or insurance carrier. They will then conduct an investigation and decide whether to accept or deny your claim. If the claim is denied, we can appeal the decision.
What Should I Do if My Workers’ Compensation Claim Is Denied?
If your workers’ comp claim is denied, you need to contact an attorney immediately, who will file a Form 33 Request for Hearing that lets the Industrial Commission know there is a dispute between the parties.
What if My Employer Retaliates After I File a Workers’ Compensation Claim?
If your employer retaliates after you file a workers’ compensation claim, it is important to contact an attorney as soon as possible. An experienced lawyer can help you take legal action against the company, file a retaliation claim, and seek damages for any losses that you have suffered.
The North Carolina Employee Discrimination Bureau
In North Carolina, the Employee Discrimination Bureau is a state agency that enforces laws against workplace discrimination. The bureau investigates complaints of discrimination and provides free services to victims of employment discrimination. The bureau can also provide information about filing a claim or investigating an employer for unlawful practices. If your employer has treated you unfairly, the NCEDB can help you file a complaint and seek justice.
Once injured workers file workers’ comp claims, they are protected from retaliation by their employer. The statute of limitations for retaliation claims is three years. This means that you have three years from the date of the alleged retaliation to file a lawsuit. However, there are some exceptions to this rule. For example, if you are covered by the federal Worker Adjustment and Retraining Notification (WARN) Act, you may have a longer time limit to file a lawsuit.
How Long Does it Take to File a Retaliation Claim?
You have three years from the date of retaliation to file a claim. However, there are some exceptions to this rule. For example, if Title VII or the Age Discrimination covers you in Employment Act (ADEA), your time limit may be different than other employees.
Occupational Disease Claims
There are two types of occupational diseases:
Acute and Chronic. You can file a claim for an acute disease within one year from the date that you learned about it or should have known based on reasonable diligence. You must file a claim for chronic occupational diseases within two years from the last day worked in an environment where exposure to the disease occurred.
There is no specific time limit to file a claim for an occupational disease that has not yet manifested. However, you must file a claim within three years from the date of the last day worked in an environment where exposure to the disease occurred.
How Collier Law Can Help You With the Workers’ Compensation Process
If you or someone you love has suffered a job-related injury or illness, call an experienced workers’ compensation lawyer at Collier Law for assistance with your workers’ comp case.
You are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve. We are advocates for injured employees. Call for a free consultation to find out how we may assist you.