Short Answer

In North Carolina, you must give written notice of your injury to your employer within 30 days of the accident and file your claim with the North Carolina Industrial Commission within two years of the accident (usually by filing Form 18). Your employer’s internal accident report does not replace your own claim filing. Missing these deadlines can forfeit benefits, though late employer notice may be excused in limited situations.

Understanding the Problem

You want to know how long you have to act after a work injury in North Carolina workers’ compensation. The key decision is: by when must you notify your employer and file your formal claim with the Industrial Commission. Here, your employer already filed an accident report, but you have not filed your own claim yet.

Apply the Law

North Carolina law sets two core timelines: prompt written notice to the employer and a two-year window to file a claim with the North Carolina Industrial Commission. “Filing a claim” typically means submitting Industrial Commission Form 18. The Industrial Commission is the main forum for these claims. Occupational diseases follow different timing triggers than accidents.

Key Requirements

• Notify your employer within 30 days: Give written notice describing the injury and date. Limited excuses exist if the employer had actual knowledge and is not prejudiced by the delay.
• File your claim within two years: Submit Form 18 to the North Carolina Industrial Commission no later than two years from the accident date.
• Different trigger for occupational disease: For diseases, the two-year period usually runs from when you become disabled and you knew or should have known the condition was work-related.

What the Statutes Say

• North Carolina Gen. Stat. § 97-22 (Notice of accident to employer) - Written notice to the employer generally due within 30 days; limited excuses.
• North Carolina Gen. Stat. § 97-24 (Time for filing claim) - File a claim with the Industrial Commission within two years of the accident (different rules for death and certain situations).
• North Carolina Gen. Stat. § 97-58 (Occupational disease claims) - Timing runs from disability and knowledge the disease is work-related.

Analysis

Apply the Rule to the Facts: You should promptly give your employer written notice if you have not already, even if they wrote an internal report. Then file Form 18 with the Industrial Commission within two years of the shelving unit accident. Stitches and urgent care treatment show a compensable injury by accident; the employer’s report does not substitute for your Form 18 filing.

Process & Timing

1. Who files: Injured employee. Where: North Carolina Industrial Commission. What: Industrial Commission Form 18 (Notice of Accident to Employer and Claim of Employee). When: Give written notice to your employer within 30 days; file Form 18 within two years of the accident.
2. After filing, the insurer typically investigates and may accept, deny, or provisionally pay the claim. You will receive written notice of the decision.
3. If denied or delayed, you may request a hearing by filing Industrial Commission Form 33. The Commission schedules mediation and, if needed, a hearing before a Deputy Commissioner.

Exceptions & Pitfalls

• Late employer notice may be excused if the employer had actual knowledge and is not prejudiced, but do not rely on this—give written notice.
• Occupational disease timelines are different; the two-year clock starts at disability plus knowledge of work causation.
• Keep proof: use certified mail, email with confirmation, or the Industrial Commission’s e-filing receipt for your Form 18.
• Medical-only payments do not guarantee your claim is preserved—file Form 18 within two years to protect all benefits.

Talk to a Personal Injury Attorney

If you were hurt at work and need to meet North Carolina workers’ compensation deadlines, our firm can help you understand what to file and when. Call us today to discuss your options and timelines.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.