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Generally, you are expected to provide your employer with notice of your claim within 30 days of your accident. You can formally file a claim for workers' compensation benefits with the North Carolina Industrial Commission by filing Form 18. That form must be filed within two years of the date of your work accident.
North Carolina is an at-will employee, and what that means is you can get fired for any reason. You can't be discriminated against. So they can't fire just because you filed a workers' comp claim. But your obligation when you're out on workers' comp is to keep your employer advised.
The North Carolina Workers' Compensation Act clearly states that employees who suffer a work-related injury or occupational illness are entitled to compensation for medical care and lost wages if their employer has 3 or more employees on the payroll.
The Employee should file a claim (Form 18 or 18B) within two years of the accident with the Industrial Commission.
Who Is Exempt From Workers' Compensation in North Carolina? In North Carolina, there are a few types of businesses that are exempt from workers' compensation, such as agricultural businesses with fewer than 10 employees, certain sawmill and logging operations, and domestic employees.
Temporary total and partial disability benefits are paid for up to 500 weeks until you return to work. Some workplace injuries are known as ?scheduled injuries.? Workers who suffer these injuries are eligible for permanent partial disability benefits both while they recover and for a time afterward.
Injured NC workers who suffer wage loss because of a covered injury are entitled to disability payments under workers' comp laws in NC. These benefits are based on the employee's Average Weekly Wage. Disability payments can be for partial or total disability, and can be for a disability that is temporary or permanent.
What does a Form 18 do? A Form 18 establishes a legal claim of injury on your behalf if filed within two years of the date of injury or occupational disease, and gives the required written notice to the employer if a copy is submitted to the employer within 30 days of the injury.
Employees injured on the job that have returned to work who need to attend medical or therapy visits during regularly scheduled working hours are not charged leave for time lost from work for required treatment. Paid time will be limited to reasonable time for the treatment and travel.
To better understand how long you might receive benefits, you can speak with a workers comp lawyer. In the state of North Carolina, there is a 500-week limit on benefits.