North Carolina requires that the employer receive written notice of the accident within 30 days of the accident. For occupational diseases, the 30-day time frame for written notice does not start to run until the date that the injured worker is advised by a doctor that he or she has an occupational disease. In the case of minor children, the statute of limitation does not begin to run until he or she reaches the age of 18. Failure to file your promptly inform your employer of your work-related injury may result in your claim being barred.
There are three exceptions to the 30-day written notice requirement: 1) proof that the employer had knowledge of the accident, 2) proof that the injured person was prevented from doing so by reason of physical or mental incapacity, or 3) proof that the injured person was prevented from doing so due to fraud of deceit of a third person.
Generally, the statute of limitations for workers’ compensation claims is two years from the date of the injury or, in the case of occupational diseases, two years from the date that your doctor has told you that you have an occupational disease. If your claim for workers’ compensation benefits is not filed within that two-year time frame, you claim will be barred. If your employer has begun paying your medical expenses, the statute of limitation for the claim is two years from the date that the employer last paid compensation.
As you can see, there are many dates that an injured worker needs to be aware of when making a workers compensation claim. The main thing to consider is timely notice of the claim to your employer. I recommend sending a certified letter, return receipt requested, to your employer notifying supervisor or other HR personnel of the injury. By sending certified mail and retaining a copy for yourself, you have proof that your employer received notice of the claim. I also recommend filing a Form 18 as soon as possible as well. The Form 18 will toll the statute of limitations.
If you have any questions about timely filing, statutes of limitations or any of the exceptions, you should contact a workers’ compensation attorney to discuss your claim.
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