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In most cases, you have three years from the date of your workplace accident to file a personal injury lawsuit in North Carolina. However, most injured workers must pursue benefits through workers’ compensation instead of filing a lawsuit, unless a third party caused the injury.
Understanding which deadline applies to your situation is critical. Missing the proper filing window can permanently bar you from recovering compensation.
Is Workers’ Compensation the Only Option After a Work Injury?
For most North Carolina employees, yes. Workers’ compensation is generally the exclusive remedy against your employer for on-the-job injuries.
North Carolina law requires most employers with three or more employees to carry workers’ compensation insurance. The system is no-fault, meaning:
- You do not have to prove your employer did anything wrong
- Your employer is typically protected from being sued
- You may qualify for benefits even if you were partially at fault
Workers’ compensation benefits may include:
- Payment for necessary medical treatment
- Two-thirds of your average weekly wages, up to the state maximum
- Disability benefits for temporary or permanent impairments
- Vocational rehabilitation in certain cases
How Long Do You Have to File a Workers’ Compensation Claim?
You generally have two years from the date of your injury to file a workers’ compensation claim in North Carolina.
However, you should report your injury to your employer immediately. Delays can:
- Create disputes about whether the injury is work-related
- Slow down benefit payments
- Increase the risk of claim denial
While you have two years to file a formal claim with the state, you must notify your employer in writing within 30 days of the accident. Failure to meet this 30-day notice requirement can result in a total denial of your benefits.
The 5 Steps in a North Carolina Workers’ Compensation Claim
- Report the injury to your employer as soon as possible.
- Seek medical treatment from an approved provider.
- File a formal claim with the North Carolina Industrial Commission.
- Follow prescribed treatment and document all missed work.
- Respond promptly to any denial or dispute with legal guidance.
Filing early improves your chances of receiving timely wage and medical benefits.
What Compensation Can You Recover in a Third-Party Lawsuit?
Workers’ compensation limits recovery to medical expenses and partial wage replacement. A third-party lawsuit may allow you to recover:
- Full lost wages
- Future lost earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Because these claims follow standard personal injury rules, the three-year statute of limitations typically applies.
What Happens If You Miss the Deadline?
If you miss the applicable deadline, you may lose your right to recover compensation entirely. Courts and the Industrial Commission strictly enforce filing deadlines.
Acting quickly allows your attorney to:
- Preserve evidence
- Identify all responsible parties
- Ensure proper paperwork is filed
- Protect your right to maximum compensation
Contact Our North Carolina Work Injury Attorneys
If you were hurt on the job, Bradford Law can help you determine whether workers’ compensation, a third-party lawsuit, or both apply in your case. We carefully evaluate every detail to identify all possible avenues of recovery.
Contact our North Carolina work injury attorneys today to protect your rights and discuss your legal options.
FAQs
Do I always have three years to file after a workplace injury?
No. You typically have three years to file a personal injury lawsuit, but only two years to file a workers’ compensation claim. The correct deadline depends on the type of claim.
What should I do immediately after a work injury?
Report the injury to your employer right away, seek medical treatment, and consider speaking with a work injury attorney to protect your right to benefits and potential additional compensation.
