What Are the Steps in the North Carolina Workers’ Compensation Process?
- Give your employer written notice of the injury within 30 days of the accident.
- File a Form 18 with the North Carolina Industrial Commission within two years of the accident.
- The insurer accepts the claim, denies it, or pays without prejudice while it investigates.
- You treat with the authorized doctor and receive weekly benefits if the injury keeps you out of work.
- The claim ends in an approved settlement or a hearing decision, which can be appealed.
The North Carolina workers’ compensation process starts with two deadlines: you must give your employer written notice of a work injury within 30 days, and you must file a Form 18 claim with the North Carolina Industrial Commission within two years of the accident.
From there, the insurance company accepts or denies the claim, you treat with an approved doctor, and weekly checks replace part of your lost pay until the claim ends in a settlement or a decision after a hearing.
Each stage has its own form and its own clock, and missing one can stall a valid claim. At Lewis & Keller Injury Lawyers, we guide injured workers in Greensboro, Winston-Salem, and across the Piedmont Triad through every one of these steps, from the first injury report to a final decision.
Key Takeaways for the North Carolina Workers’ Compensation Process
- Give your employer written notice of a work injury within 30 days, and file a Form 18 with the North Carolina Industrial Commission within two years of the accident.
- Your employer’s Form 19 injury report does not count as your claim.
- After notice of the injury, the employer or insurer has 14 days to start paying or deny the claim, or it can pay without prejudice on a Form 63 while it investigates.
- Weekly total disability benefits pay 66 2/3 percent of your average weekly wage, up to $1,446 a week for 2026 injuries.
- A deputy commissioner’s decision must be appealed to the Full Commission within 15 days of notice of the award.
The Forms You Will See, in Order
This table matches each Industrial Commission form to the person who files it and what it does:
| Form | Who files it | What it does |
|---|---|---|
| Form 18 | You, the injured worker | Opens your claim with the Industrial Commission |
| Form 19 | Your employer | Reports the injury to the Commission |
| Form 60 | Employer or insurer | Admits the claim and starts benefits |
| Form 61 | Employer or insurer | Denies the claim and states the reasons |
| Form 63 | Employer or insurer | Pays benefits without prejudice during an investigation |
| Form 33 | Either side | Asks the Commission to set a hearing |
| Form 33R | The other side | Responds to the hearing request |
Step 1: Report Your Injury to Your Employer in Writing
Tell your supervisor about the injury right away, then put it in writing. Under North Carolina’s notice statute, G.S. 97-22, an injured employee is supposed to give written notice immediately or as soon as practicable, and no compensation is payable unless that notice is given within 30 days of the accident.
A verbal heads-up is not the same as written notice. A short email or letter works if it gives the date, place, and details of the accident and the body parts hurt. Keep a copy.
Late notice is not always fatal. The Industrial Commission can excuse it when you have a reasonable excuse, and the delay did not prejudice the employer, but that is a fight worth avoiding.
Step 2: Your Employer Files Form 19
Your employer has its own paperwork. G.S. 97-92 requires the employer to report the injury to the Industrial Commission within five days of learning about it when you miss more than one day of work or your medical bills pass a threshold the Commission sets. That report is Form 19, the Employer’s Report of Injury.
The Industrial Commission says plainly in its frequently asked questions that an employer’s Form 19 does not count as your claim. You still need to file your own.
Step 3: File Form 18 With the Industrial Commission
Form 18, the Notice of Accident, is the document that actually opens your workers’ compensation claim. You can file it electronically or on paper, and the current version is on the Industrial Commission’s official forms page. Claims for certain occupational lung diseases use Form 18B instead.
The filing deadline comes from G.S. 97-24, and the right to compensation is forever barred if you miss it. The general rule is two years from the date of the accident, with a few situations that change the math:
- If the insurer paid you disability compensation within two years of the accident, the claim is preserved by those payments.
- If the insurer paid only medical bills and no other compensation, you have two years from the last medical payment.
- For an occupational disease, such as a repetitive stress condition or a work-related illness, G.S. 97-58 sets the deadline at two years after death, disability, or disablement, which is not always the same as the day symptoms began.
These exceptions turn on exactly what was paid and when, so don’t count on one to rescue a late claim. Filing Form 18 early removes the question.
Step 4: The Insurer Accepts, Denies, or Pays Without Prejudice
After the employer has written or actual notice of your injury, G.S. 97-18 gives the employer or its insurance company 14 days to start paying or deny the claim, and it also allows payment without prejudice during an investigation. Each option has its own form.
Form 60 admits your right to compensation. Weekly checks and medical coverage should follow.
Form 61 denies the claim. The denial must give a detailed statement of the grounds, and it tells you how to request a hearing. A Form 61 is the insurer’s position, not a final ruling; the Industrial Commission decides disputed claims.
Form 63 means the insurer is paying without prejudice while it investigates. It can pay this way for up to 90 days from notice of the injury, with up to 30 more days allowed in some cases. If the insurer doesn’t contest the claim within that window, the statute says it waives the right to contest compensability.
Step 5: Get Medical Care From the Authorized Doctor
In an accepted North Carolina claim, the employer and its insurer direct your medical treatment, which usually means they choose the treating doctor. Under G.S. 97-25, you can ask the Industrial Commission to approve a different doctor or treatment, but you must show the change is reasonably necessary to effect a cure, provide relief, or lessen the period of disability.
If the claim is denied, you can choose your own provider, subject to Commission approval. Refusing treatment the Commission has ordered can stop your benefits until you comply.
Step 6: Receive Weekly Disability Benefits
When a work injury keeps you out of work, temporary total disability benefits replace part of your wages. G.S. 97-29 sets the weekly check at 66 2/3 percent of your average weekly wage, subject to a yearly cap. For injuries in 2026, the Industrial Commission’s maximum weekly compensation rate is $1,446.
Your average weekly wage usually comes from your earnings in the 52 weeks before the injury, including overtime. According to the Commission’s explanation of the rate calculation, the rate never gets a cost-of-living increase. Check the wage figure on your Form 60 carefully; a missing week of overtime lowers every check that follows.
The first week works differently. Under G.S. 97-28, no disability compensation is paid for the first seven calendar days, unless your disability lasts more than 21 days, in which case you are paid back to the date of injury. Medical care is covered from the start.
Temporary total disability is capped at 500 weeks from the date of first disability. Benefits past that point, called extended compensation, require proof of a total loss of wage-earning capacity.
Step 7: Reach Maximum Medical Improvement
Maximum medical improvement, or MMI, is the point when your doctor decides your condition has stabilized and more treatment is unlikely to improve it. The doctor may then assign a permanent impairment rating to the injured body part, and that rating shapes the permanent partial disability benefits the insurer may owe.
Reaching MMI doesn’t end your case, but it is often when settlement talks begin in earnest.
Step 8: Resolve the Claim by Settlement or Hearing
Disputed or long-running North Carolina claims usually end one of two ways. The first is a negotiated settlement, commonly called a clincher, formally a compromise settlement agreement.
Under G.S. 97-17, a settlement is not binding until the Industrial Commission approves it as fair and just. A clincher generally closes the claim and can include giving up future medical benefits, so read the terms closely before you sign.
The second path is a contested hearing. Either side can ask for one by filing Form 33, the Request That Claim Be Assigned for Hearing, and the other side answers on Form 33R.
Contested cases often go to a mediated settlement conference first, overseen by the Industrial Commission’s Mediation Section, where a neutral mediator helps both sides look for an agreement. If mediation ends without a deal, a deputy commissioner hears the evidence and issues a written opinion and award.
Appealing a Decision to the Full Commission and Court of Appeals
A deputy commissioner’s decision can be appealed, but the windows are short. Under G.S. 97-85, you must apply for review by the Full Commission within 15 days of the date notice of the award is given. The Full Commission, a panel of commissioners, can reconsider the evidence, take more evidence, and change the award.
After the Full Commission rules, either side can appeal to the North Carolina Court of Appeals within 30 days of the award or of receiving notice of it, as G.S. 97-86 provides. That appeal is limited to errors of law, so it is not a second chance to retry the facts.
Frequently Asked Questions
Can I be fired for filing a workers’ comp claim in North Carolina?
No, not for filing the claim. North Carolina’s Retaliatory Employment Discrimination Act, G.S. 95-241, bars employers from retaliating against an employee who files a workers’ compensation claim in good faith.
A worker who believes they were fired or punished for filing must submit a complaint to the North Carolina Department of Labor within 180 days of the alleged violation. The law does not stop an employer from ending employment for legitimate reasons unrelated to the claim.
Can I get workers’ comp in NC if the accident was my fault?
Usually, yes. North Carolina workers’ compensation does not require proof that your employer was negligent, and ordinary carelessness on your part does not bar benefits.
Under G.S. 97-12, benefits are barred when the injury was caused by intoxication, by being under the influence of a non-prescribed controlled substance, or by a willful intention to injure yourself or someone else. A willful safety-rule violation can reduce compensation by 10 percent.
Can I sue my employer for a work injury in North Carolina?
In most cases, no. Under G.S. 97-10.1, workers’ compensation is the exclusive remedy against a North Carolina employer that carries coverage, and courts recognize only very narrow exceptions for extreme employer misconduct.
You may be able to sue a third party whose negligence caused the injury, such as the at-fault driver in a work-related car crash or the maker of a defective machine.
Are workers’ comp benefits taxable in NC?
Workers’ compensation benefits for a work injury or occupational illness are generally not taxable income. IRS Publication 525 on taxable and nontaxable income states that these benefits are not included in your income. Regular wages you earn after you return to work, including light duty pay, are taxed as usual.
How much does a workers’ comp lawyer cost in North Carolina?
Many North Carolina workers’ compensation lawyers work on a contingency fee, so nothing is paid up front. Under G.S. 97-90, attorney fees in workers’ compensation cases must be approved by the Industrial Commission. Lewis & Keller offers free case reviews, and you pay nothing unless we win.
Get Help With Your Workers’ Comp Claim in Greensboro or Winston-Salem
The steps that matter most happen early: written notice, a timely Form 18, and a careful look at how the insurer responds. Lewis & Keller Injury Lawyers represents injured workers from our offices in Greensboro and Winston-Salem, and we can review where your claim stands and what comes next.
Contact us for a free case review. Every claim turns on its own facts, so results depend on the specific circumstances of your case.
