Short Answer

In North Carolina, you file a claim by submitting Form 18 to the North Carolina Industrial Commission (NCIC) and giving your employer written notice of the injury within 30 days. Most workers have up to two years to file Form 18, but missing the 30-day notice can hurt your case. Use the NCIC’s Electronic Document Filing Portal, keep copies, and send a copy of Form 18 to your employer.

Understanding the Problem

You’re in North Carolina, you were hurt when a shelving unit fell and cut you badly, your employer filed an incident report, and you want to know how you personally file a workers’ compensation claim. The key decision is: what must you file, where, and by when to protect your benefits?

Apply the Law

North Carolina workers’ compensation claims are handled by the North Carolina Industrial Commission, not the county courts. To preserve your rights, you must (1) provide timely written notice to your employer and (2) file a claim with the NCIC. An injury qualifies if it is an “injury by accident” arising out of and in the course of employment (or a “specific traumatic incident” for back injuries). Most employers with three or more employees must carry coverage. Core timing: written notice to the employer within 30 days, and a formal claim (Form 18) generally within two years of the accident or the last employer-paid medical compensation.

Key Requirements

• Timely notice to employer (30 days): Tell your employer in writing what happened, when, and what was injured.
• File Form 18 with the NCIC (generally within 2 years): This preserves your legal claim; your employer’s report does not replace it.
• Compensable injury: The event must be an accident at work (a sudden, unexpected event) that causes injury; back injuries have a slightly different standard.
• Medical treatment: The employer/insurer usually directs care; you can request a different provider through the NCIC if needed.
• Coverage threshold: Most employers with 3+ employees are covered; special rules apply to some industries.

What the Statutes Say

• North Carolina Gen. Stat. § 97-22 (Notice of accident) - Written notice to the employer within 30 days, with limited excuses for delay.
• North Carolina Gen. Stat. § 97-24 (Time for filing claims) - Generally two years to file a claim with the Industrial Commission.
• North Carolina Gen. Stat. § 97-2 (Definitions) - Defines “injury by accident,” “employee,” “employer,” and average weekly wage.
• North Carolina Gen. Stat. § 97-25 (Medical compensation) - Employer provides medical treatment; changes require approval.

Analysis

Apply the Rule to the Facts: A shelving unit becoming dislodged and striking you is typically an unexpected event at work, fitting the “injury by accident” standard. You received stitches, so medical treatment is documented; be sure providers know it’s work-related. Your employer’s accident report does not file your claim—send written notice within 30 days if you haven’t already and file Form 18 with the NCIC within two years. Send a copy of Form 18 to your employer and keep proof of submission.

Process & Timing

1. Who files: Injured employee. Where: North Carolina Industrial Commission (statewide) via the Electronic Document Filing Portal (EDFP). What: Form 18 (Notice of Accident to Employer and Claim of Employee). When: Give your employer written notice within 30 days; file Form 18 generally within two years of the accident.
2. After filing: The employer/insurer investigates and either accepts (Form 60), denies (Form 61), or pays without prejudice while investigating (Form 63). You may be directed to authorized medical providers; follow treatment and keep records. Timeframes can vary by insurer.
3. If denied or disputed: File Form 33 (Request for Hearing) with the NCIC. The case typically goes to mediation, then a Deputy Commissioner hearing if unresolved. The NCIC issues an Opinion and Award.

Exceptions & Pitfalls

• Don’t rely on the employer’s report: Form 19 (employer report) does not preserve your rights—you still must file Form 18.
• Late notice: If you miss the 30-day notice, the Commission can excuse it for good cause, but don’t count on it; notify in writing ASAP.
• Service mistakes: Send a copy of Form 18 to your employer and keep proof (mail receipt or EDFP confirmation).
• Medical choice issues: Unauthorized treatment may not be covered; request a change through the NCIC if needed rather than self-directing.
• Deadline traps: The two-year clock can run from the last employer-paid medical treatment—track all payments and dates.

Talk to a Personal Injury Attorney

If you're dealing with a workplace injury and need to file a North Carolina workers’ compensation claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.