What steps should I take after my employer files an accident report but I haven’t filed a claim?: North Carolina
What steps should I take after my employer files an accident report but I haven’t filed a claim? - North Carolina
Short Answer
In North Carolina, your employer’s accident report does not file your workers’ compensation claim for you. You must give your employer written notice within 30 days and file your own claim (Form 18) with the North Carolina Industrial Commission within two years of the accident. Keep treating your injury and ask for authorized care through your employer’s insurer.
Understanding the Problem
In North Carolina, you were hurt at work and your employer filed an accident report—but you have not filed anything. Can you rely on the employer’s report, or must you file your own claim with the North Carolina Industrial Commission, and by when? One clarifying detail: you received stitches at urgent care.
Apply the Law
North Carolina workers’ compensation requires two separate actions after a work injury: prompt written notice to the employer, and a formal claim with the North Carolina Industrial Commission. The Commission is the forum that adjudicates claims. Core timing: notify your employer in writing within 30 days; file Form 18 with the Commission within two years of the accident.
Key Requirements
Written notice to employer (30 days): Tell your employer in writing what happened, when, where, and what was injured. Keep a copy.
File your claim (within two years): Submit Form 18 (Notice of Accident to Employer and Claim of Employee) to the North Carolina Industrial Commission. The employer’s report does not replace this.
Medical treatment through authorized providers: You may get emergency care right away; ongoing treatment should be authorized by the employer/insurer. Request approval for follow-ups and referrals.
Insurer’s decision window: After notice, the insurer generally has a short period to accept, deny, or pay without prejudice. Watch for written forms communicating their decision.
Escalation if denied: If your claim is denied or benefits stop, you can request a hearing at the Commission.
Apply the Rule to the Facts: Your employer filing an accident report does not file your claim. You still need to give written notice within 30 days if you have not already and file Form 18 with the Industrial Commission no later than two years from the accident. Because you received stitches at urgent care, continue treatment, but ask the employer/insurer to authorize the follow-up so bills are covered under the claim.
Process & Timing
Who files: Injured employee. Where: North Carolina Industrial Commission. What: Form 18 (Notice of Accident to Employer and Claim of Employee). Also give your employer written notice (email/letter) summarizing date, time, place, cause, and injuries. When: Notice to employer within 30 days; file Form 18 within two years of the accident.
After you file and notify the employer, the insurer typically has about 14 days to accept (you’ll receive an acceptance form), deny (a denial form), or pay without prejudice while investigating. Respond promptly to reasonable requests for information and keep copies of all medical records and work notes.
If denied or benefits stop, file a Form 33 (Request that Claim be Assigned for Hearing) with the Industrial Commission to have a Deputy Commissioner decide the dispute.
Exceptions & Pitfalls
Late notice can sometimes be excused if the employer had actual knowledge and was not prejudiced, but do not rely on this—give written notice promptly.
Do not assume the employer’s accident report or Form 19 protects your rights; it does not replace your Form 18.
List all injured body parts on Form 18; omissions can complicate coverage for later-related problems.
Seek authorization for non-emergency treatment and referrals to avoid payment disputes.
Serve filings on both the Industrial Commission and the employer/insurer; keeping proof of delivery helps avoid disputes about notice.
Conclusion
In North Carolina, your employer’s accident report is not your workers’ compensation claim. Protect your rights by giving written notice to your employer within 30 days and filing Form 18 with the North Carolina Industrial Commission within two years of the accident. Continue medical care and request authorization for follow-ups. Next step: prepare and file Form 18 with the Industrial Commission and provide written notice to your employer right away.
Talk to a Personal Injury Attorney
If you're dealing with a workplace injury and aren’t sure how to file your workers’ compensation claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .
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.
