Work Injuries & Workers' Compensation
Workers' compensation is supposed to be automatic. In practice, claims get denied, benefits get cut off, and injured workers get pushed back to work too soon.
A North Carolina work injury claim runs through the Industrial Commission on its own forms, its own deadlines, and its own rules. It is a different system from a personal injury lawsuit, and the things that protect you in one do not necessarily exist in the other. Workers' compensation, for example, does not pay for pain and suffering.
What it does cover is medical treatment for the injury, a portion of lost wages while you cannot work, and compensation for permanent impairment. Getting all three requires the paperwork to be right and the medical record to say what actually happened.
Report it in writing — and watch the deadlines
North Carolina requires injured workers to notify their employer of a workplace injury in writing, generally within 30 days, and to file a claim with the Industrial Commission generally within two years. Missing either one can be fatal to the claim.
Verbally telling a supervisor is extremely common and extremely risky — memories change once a claim is contested. Put it in writing, keep a copy, and note the date.
The third-party claim people miss
If someone other than your employer or a co-worker caused your injury — a subcontractor on the site, a delivery driver, a negligent equipment manufacturer, a property owner — you may have a separate personal injury claim on top of the workers' compensation claim. That separate claim can include pain and suffering, which comp does not pay.
These claims are routinely missed, because the comp adjuster has no reason to point them out. We look for them in every work injury case.
If your claim was denied
- A denial is not the end — it is the start of a contested case before the Industrial Commission.
- Common denial reasons include disputes over whether the injury arose out of employment, late notice, or claims that the condition is pre-existing.
- A pre-existing condition that was made worse by a work injury can still be compensable.
- Do not sign a settlement or a form you do not understand because someone told you it was routine.
This page describes general North Carolina law and is not legal advice about your situation. Deadlines and defenses vary with the facts. Talk to a lawyer about your own case before relying on anything here.
What people ask us first
Can I be fired for filing a workers' comp claim?
North Carolina law prohibits retaliating against an employee for pursuing a workers' compensation claim. If you believe you were fired, demoted, or had your hours cut because you reported an injury, tell us — that is a separate legal issue and it needs to be documented.
Do I have to use the doctor my employer sends me to?
In North Carolina the employer or its carrier generally directs medical treatment in an accepted claim, but injured workers have rights regarding second opinions and changes of physician in defined circumstances. If you feel the assigned doctor is not treating the injury seriously, that is worth a conversation.
Does immigration status affect my claim?
Injured workers in North Carolina may be entitled to workers' compensation benefits regardless of immigration status. If someone has told you otherwise, get a second opinion from a lawyer. Our team handles these cases in Spanish.
Tell me what happened.
A short conversation costs you nothing, and there is no fee unless we win. We return calls the same day.
- Talk directly with an attorney — not a call center
- Se habla español
- We handle the insurance company for you
New clients call 866-66-PEDRO. Existing clients and general office: (919) 977-8082.