If you’ve been injured on the job in North Carolina, one of your most pressing questions is probably: “How long until I receive my workers’ compensation benefits?” It’s a fair question, especially when you’re facing mounting medical bills, lost wages, and the uncertainty of recovery.
The reality is that each workers’ compensation claim follows a unique path. How long your claim takes can vary widely based on factors such as whether it is accepted or contested, the severity of your injuries, and whether you have experienced legal guidance to help navigate the process.
At Flexner Houser Injury Law, we’ve spent over 25 years helping injured North Carolina workers navigate the workers’ compensation system. We understand that waiting for benefits adds stress to an already difficult situation, which is why we’re committed to keeping your claim moving forward as efficiently as possible.
This guide will walk you through what to expect at each stage of a North Carolina workers’ compensation claim, from the moment you’re injured to the final resolution of your case.
Reporting Your Injury and Filing Your Claim
The clock starts ticking the moment you’re injured at work, and taking the right steps immediately can significantly impact how quickly you receive benefits.
Report Your Injury Immediately
North Carolina law requires you to notify your employer about a workplace injury within 30 days of the accident. While oral notice is technically acceptable, we strongly recommend following up with written notice as soon as possible to create a clear record.
According to the NC Industrial Commission’s official Form 18 (Notice of Accident), “Notice shall be given to the employer immediately… and within 30 days”. If you fail to provide notice within this 30-day window and don’t have a valid excuse, you could lose your right to some benefits entirely.
File Your Official Claim with the North Carolina Industrial Commission
After reporting your injury to your employer, you must file an official claim by submitting NCIC Form 18. This form establishes your legal claim and begins the formal process.
The NCIC advises that Form 18 “must be filed with the Industrial Commission within two years of the date of injury”. While you technically have two years to file, you should submit your claim as soon as possible. This two-year deadline is a firm statute of limitations.
The Filing Process Step by Step
- Tell your employer immediately and follow up in writing within 30 days
- Within about 5 days of learning of your injury, your employer should file Form 19 with the NCIC
- Your employer should give you a copy of Form 19 and Form 18 to complete
- File Form 18 with the NCIC (via email or mail) as your official claim
- You’ll receive an IC File Number in return, which you should use in all future correspondence
By following these steps and filing Form 18, you “lock in” your claim and establish your right to benefits under North Carolina law.
What Happens After You File
Once you’ve filed Form 18, the Industrial Commission processes it and forwards your claim to the employer’s insurance carrier. The insurer must then promptly respond to your claim.
If your claim is accepted (uncontested): The insurer will typically start paying benefits right away. Medical bills should be covered, and wage benefits will begin after the required waiting period.
If your claim is denied or questioned: The insurer will send a written denial (often called “Form 61” or a denial letter) explaining why they’re rejecting your claim. At that point, you’ll need to decide whether to accept the denial or fight for your benefits.
The initial phase of a claim usually takes only a few weeks.You can generally expect an answer, acceptance or denial, within about two weeks or so after your Form 18 is filed.
Timeline Overview: From Injury to Resolution
Every workers’ compensation case is different, but here’s what a typical, uncomplicated timeline might look like:
Day 0 (Day of Injury): You suffer a work-related injury. Report it immediately to your supervisor and follow up with a written notice. Get medical treatment and make sure your doctor knows it was a work injury, so it’s properly documented.
Days 1-5: Your employer files Form 19 with the NCIC and should provide you with a copy. They should also give you Form 18 to complete. You submit Form 18 to the NCIC (by email or mail). Expect the NCIC to send an acknowledgement letter within 1-2 weeks with your IC File Number.
Day 14 (Approximately): The insurance carrier usually decides by this point. You should receive notice of acceptance or denial. Most carriers respond within about 14 days.
Week 3: If you’ve been unable to work due to your injury, you now reach the threshold for full wage benefits.North Carolina has a 7-day waiting period: you won’t receive payment for the first 7 missed days unless you remain out of work for more than 21 days. If you’ve missed 21 or more days by this point, you’ll receive payment for days 1-7 retroactively.
By Day 30: You must have reported the injury to your employer by now, and your Form 18 should be filed.
Months 1-2: If your claim is accepted, medical and wage benefits should continue smoothly. If it’s denied or only partially paid, you or your lawyer should request a hearing as soon as possible. Mediation is often scheduled first (usually within a month). If mediation doesn’t resolve the dispute, a Deputy Commissioner hearing is typically scheduled 30-60 days after the hearing request.
Months 2-6: The hearing is held, and the Deputy Commissioner issues a decision. Each step—gathering evidence, scheduling testimony, preparing arguments—takes time, so contested cases can stretch over several months.
Post-Hearing: After a hearing decision, either side has 15 days to appeal to the Industrial Commission’s Full Commission. If still dissatisfied, there’s a further appeal to the North Carolina Court of Appeals. These appeals can add many additional months to the process.
Bottom Line: In an uncontested case where the insurer accepts liability, you often see medical care and wage benefits begin within a few weeks. In a contested case involving denial or disputes, it can take several months to over a year to reach a final resolution.
Uncontested Claims: When Things Move Quickly
When your employer’s insurance company accepts liability without dispute, the claims process typically moves much faster, which can help reduce stress during your recovery.
Medical care usually begins immediately, with your doctor billing the insurance carrier directly. By law, approved medical expenses should be covered promptly, and penalties can apply if payments are delayed.
Wage benefits generally start after a seven-day waiting period. If you are out of work for 21 days or more, you will receive retroactive payment for the first seven days. After that, you can expect weekly payments equal to two-thirds of your pre-injury wages, up to the state maximum.
Many uncontested claims are eventually settled once your injuries stabilize and you reach maximum medical improvement. Because liability is clear and both sides typically agree on the facts, settlements in uncontested cases usually do not take long to finalize.
Contested Claims: The Longer Road
If the insurer denies your claim or disputes the extent of your injury, the process becomes significantly longer and more complex. Understanding what lies ahead can help you prepare both mentally and financially.
To resolve disputes, you must file Form 33 – Request for Hearing with the NCIC, typically after mediation attempts have failed.
The Industrial Commission often requires mediation by a neutral third party within 60 days of the dispute, providing an opportunity to settle without a formal hearing and potentially save time. If mediation does not resolve the issues, your case proceeds to a Deputy Commissioner, with hearings usually scheduled 30 to 60 days after the hearing request, though delays are possible due to busy schedules.
At the hearing, both sides present evidence, call witnesses, and make legal arguments, after which it may take several additional weeks or months for the Deputy Commissioner to issue a written decision.
Following this, each side has 15 days to appeal to the Full Commission, and if necessary, decisions from the Full Commission can be further appealed to the North Carolina Court of Appeals.
Because of these multiple steps, contested claims often take many months or more to resolve, sometimes over a year. While the hearing and appeals process can be lengthy, it is essential for enforcing your rights when benefits are wrongfully denied or inadequate.
How an Attorney Can Speed Up Your Claim
Having an experienced workers’ compensation attorney on your side can dramatically impact both the speed of your case and the amount you ultimately recover.
Here’s how legal representation can make a difference:
An attorney ensures every critical deadline is met. Missing even one filing deadline can result in your claim being automatically dismissed, potentially costing you thousands of dollars in benefits. We stay on top of all time-sensitive requirements so you never lose your rights due to a technicality.
Paperwork is handled correctly from the start. Forms like Form 18 and Form 33 must be completed accurately and thoroughly. Even minor errors or omissions can trigger denials or cause weeks of delays while issues are corrected. We get it right the first time.
Communication becomes our responsibility. Instead of waiting days or weeks for insurance adjusters to return your calls, we maintain regular contact with all parties involved. When communication stalls, we don’t hesitate to involve the Industrial Commission to compel responses and keep your case moving.
Medical treatment approvals happen faster. We know exactly what documentation insurers need to authorize treatment, and we push back hard when they unreasonably delay necessary care. Your health shouldn’t be held hostage to insurance company tactics.
Unfair delay strategies are recognized and countered. Insurance companies use predictable tactics to drag out claims, hoping you’ll give up or settle for less. We’ve seen it all before, and we respond aggressively, filing motions, demanding compliance, and even seeking penalties when insurers fail to pay on time.
Your case is professionally presented at every stage. Whether it’s mediation, a Deputy Commissioner hearing, or an appeal to the Full Commission, we prepare thorough evidence and make compelling arguments on your behalf. Strong advocacy often leads to faster, better outcomes.
Get Help from Experienced NC Workers’ Compensation Attorneys
Navigating a workers’ compensation claim’s timeline and paperwork can feel overwhelming, especially when you’re trying to recover from an injury. You don’t have to handle it alone.
At Flexner Houser Injury Law, we’ve been helping injured North Carolina workers for over 25 years. We understand the frustration of waiting for benefits you need and deserve, and we’re committed to keeping your claim moving forward as efficiently as possible.
We offer free, no-obligation consultations to review your claim and explain your options. We work on a contingency fee basis, so you won’t pay any attorney’s fees unless we obtain benefits for you.
Don’t let uncertainty about the timeline prevent you from seeking the legal help you need. The sooner you contact us after your injury, the better we can protect your interests, meet critical deadlines, and fight for the full benefits you’re entitled to receive.
Why Choose Flexner Houser Injury Law:
- Free initial consultations with no obligation
- Over 25 years of workers’ compensation experience in North Carolina
- No attorney fees unless we win your case
- Personal attention and clear communication throughout your case
- Proven track record of successful outcomes for injured workers
Contact Flexner Houser Injury Law today at 1-800-FLEXNER to schedule your free consultation. Let our experienced workers’ compensation attorneys handle the complexities of your claim so you can focus on what matters most—your recovery.
Remember: The workers’ compensation system has strict deadlines that can permanently bar your claim if missed. The sooner you contact an attorney after your workplace injury, the better they can protect your rights and secure the benefits you need.
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