The statute of limitations on workers’ compensation claims in North Carolina is a time limit for filing the claim. This is set in an effort to ensure that any plaintiffs with valid claims pursue those claims with diligence, to promote justice, and to preserve evidence and witness testimonies.
There are two statutes of limitations taht are relevant to North Carolina workers’ compensation claims. You have two years from the date of your injury to file using the North Carolina Industrial Commission’s Form 18. You should receive this form from your employer when he or she learns of your injury, or you can receive it from the commission. If you do not file your form with the commission, then you cannot recover any benefits from workers’ compensation. A late filing will remove all of your rights to file at all. Thus, you should submit the form as soon as possible.
If you are suffering from an occupational disease, then your statute of limitations will not begin until the time when your illness interferes with your ability to keep working. When you fill out Form 18, include all injuries and suspected injuries. If you don’t include everything, then you may find that the statute of limitations has run out on a particular unreported injury. You have 30 days from the date of injury to notify your employer in writing that the injury has occurred. When you file Form 18, this counts as notifying your employer.
Statute of Limitations on Retaliation Claims
If your employer has retaliated against you for filing a workers’ compensation claim, then you can file a suit against them for this. The statute of limitations that applies to this situation is three years from the date of the suspected retaliatory act.
Alternatively, you can file a complaint with the North Carolina Employee Discrimination Bureau, and you’ll have 180 days from the date of the suspected retaliatory act to do so. The Bureau is going to investigate the claim, and they may find in favor of yourself or of your employer. You will still be given a right to sue letter so that you can pursue the matter on your own. If they find in your favor, then the EDB may file a lawsuit on your behalf.
Contacting an attorney will ensure that your case is handled effectively and that you do not run out the statute of limitations that applies to your claim.