How long do I have to bring a claim after a workplace accident?: North Carolina deadlines for workers’ comp and third‑party claims
How long do I have to bring a claim after a workplace accident? - North Carolina
Short Answer
In North Carolina, you must give your employer written notice of a work injury within 30 days and file your workers’ compensation claim with the North Carolina Industrial Commission within two years. If a third party (not your employer) caused the accident, you generally have three years from the accident to file a personal injury lawsuit. Filing for workers’ compensation does not pause the three-year lawsuit deadline.
Understanding the Problem
You want to know the time limits to act after a workplace injury in North Carolina. As an injured employee, the key questions are: how quickly must you notify your employer, when do you file with the Industrial Commission, and how long do you have to sue any at-fault third party? Here, you were a nurse at a long-term care facility when a ceiling collapsed.
Apply the Law
North Carolina sets separate deadlines for workers’ compensation and for any civil lawsuit against a third party. “Notice” means telling your employer in writing about the accident and injury. “Filing a claim” means submitting Form 18 to the North Carolina Industrial Commission. A “third party” is anyone other than your employer or a co-worker whose negligence may have contributed to the accident. The Industrial Commission handles workers’ compensation claims; the state trial courts handle personal injury lawsuits. The accident date usually starts the clock.
Key Requirements
Written notice to employer (30 days): Give your employer written notice of the accident and injury within 30 days, and keep proof.
File Form 18 within two years: Submit Form 18 to the North Carolina Industrial Commission no later than two years from the accident to preserve your workers’ compensation claim.
Third-party lawsuit (three years): If a non-employer caused or contributed to the injury (for example, a property owner, contractor, or maintenance company), you must file a civil negligence lawsuit within three years of the accident.
Employer lawsuits are limited: You generally cannot sue your employer in civil court for a work injury; workers’ compensation is the primary remedy, with narrow exceptions for intentional misconduct.
No automatic tolling: Reporting the injury or filing a workers’ compensation claim does not stop the three-year clock for any third-party lawsuit.
Apply the Rule to the Facts: Because your injury happened in a single accident (a ceiling collapse), you must give your employer written notice within 30 days and file Form 18 with the Industrial Commission within two years. If a non-employer (such as a property manager or contractor) contributed to the collapse, you must file any negligence lawsuit within three years of the accident date. Your workers’ compensation claim does not extend the separate three-year deadline for a third-party suit.
Process & Timing
Who files: Injured employee. Where: North Carolina Industrial Commission. What: Form 18 (Notice of Accident and Claim). When: Give written notice to the employer within 30 days, and file Form 18 within two years of the accident.
Who files: Injured employee for any third-party claim. Where: North Carolina state trial court (District or Superior Court) in the county where the accident occurred or where a defendant resides. What: Civil Summons and Complaint alleging negligence. When: File within three years of the accident; negotiations with insurers do not stop this deadline.
Coordination: If you pursue a third-party case, notify the employer’s workers’ compensation carrier and the Industrial Commission so lien and credit issues can be managed under North Carolina law. Expect the carrier to assert a lien on any third-party recovery.
Exceptions & Pitfalls
Oral notice isn’t enough: Give written notice to your employer within 30 days and keep proof of delivery.
Misidentifying the defendant: If a contractor or property owner (not your employer) is responsible, identify the correct legal entity early to avoid last-minute amendments.
No tolling by comp claim or talks: Filing Form 18 or negotiating with insurers does not toll the three-year lawsuit deadline.
Employer civil suits are rare: Most claims against an employer are limited to workers’ compensation. Only narrow intentional-misconduct situations may allow a civil suit—get legal guidance before relying on this.
Different rules for government entities: If a state or local entity is involved, special procedures and time limits can apply; requirements vary and can be strict.
Occupational disease or latent issues: Different triggers may apply when harm develops over time. For a single accident like a collapse, the accident date usually controls.
Conclusion
In North Carolina, after a workplace accident you must give your employer written notice within 30 days, file Form 18 with the Industrial Commission within two years, and file any third-party negligence lawsuit within three years of the accident. These clocks usually start on the accident date, and a comp claim does not pause the civil deadline. Next step: file Form 18 with the North Carolina Industrial Commission as soon as possible, and no later than two years from the accident.
Talk to a Personal Injury Attorney
If you’re dealing with a workplace injury and need to protect both your workers’ compensation rights and any third-party claim, our firm has attorneys who can help you understand your options and timelines. Reach out 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.
