• 05 Dec 2025

How Long Does It Take to Settle a Workers' Compensation Case in North Carolina?

After a workplace injury, it’s not unusual to ask, “how long does a workers comp case take?” The short answer is, it depends. Simple, non-disputed cases may see temporary benefits start within a month, but a final, lump-sum settlement often takes 9 to 18 months, or longer. The timeline is largely controlled by your medical condition and the legal complexities of your claim.

For injured workers in North Carolina, the process generally involves two major stages: the initial claim for benefits and the final settlement negotiation. Understanding these stages is key to managing your expectations.

The North Carolina Workers' Comp Settlement Timeline

The journey to a final settlement is divided into phases, each governed by its own deadlines and complexities.

1. The Reporting and Initial Investigation Phase

• Injury to Report: NC Statutes state that you must notify your employer of the accident immediately, and formally within 30 days.
• Employer to Insurer: The employer must report the injury to the North Carolina Industrial Commission (NCIC) within five days if the injury causes time away from work or requires medical treatment beyond a threshold.
• Insurer Action: The insurer has 14 days from when they receive notice of the injury to admit the claim, deny it, or initiate payments without prejudice. If they deny the claim, they must inform the NCIC and the employee in writing.
• Initial Payment: If liability is admitted, the first compensation installment should be paid on the 14th day after the employer had notice of the injury or death.

2. The Medical Treatment Phase (The Main Variable)

This is the longest and most unpredictable stage of the timeline. A final, comprehensive settlement cannot typically be negotiated until you reach Maximum Medical Improvement (MMI). MMI is reached when your authorized doctor determines your condition has stabilized, and further treatment is unlikely to improve your recovery significantly. Depending on the injury, such as soft tissue versus a spinal injury, this phase can last anywhere from three months to well over a year.

3. The Final Settlement Negotiation Phase

Once MMI is reached, your lawyer can determine the full value of your long-term losses. Settlement agreements for compensation must be filed with and approved by the NCIC to be valid

Factors That Delay Your Workers' Comp Settlement

Why Do Workers' Comp Claims Take So Long?

Several issues can significantly extend your workers' comp case timeline. Some are medical, and some are legal:

• Medical Severity: Severe injuries requiring surgery, specialized rehabilitation, or long-term pain management naturally prolong the time it takes to reach MMI.
• Disputes Over Compensability: If the insurer denies the claim (arguing the injury wasn't work-related), you must request a formal hearing from the NCIC. This dispute process adds months or years to the timeline.
• Disputes Over Treatment: Disagreements about your authorized medical provider or the necessity of a specific treatment can lead to delays while parties apply to the NCIC for an administrative ruling.
• Insurance Tactics: Some insurers intentionally delay investigations or challenge legitimate aspects of a claim to pressure the injured worker into accepting a lower settlement.
• Legal Challenges (Contributory Negligence): While less common in workers' comp than in civil claims, if the insurer tries to argue your willful neglect or willful disobedience contributed to the injury, they could seek to reduce your compensation by 10%. This challenge adds significant legal complexity and time.

It’s important to note that no contract or agreement can relieve an employer, in whole or in part, of any obligation created by the North Carolina Workers' Compensation Act, unless expressly provided for in the Act itself.

Workers' Comp Settlement Check Timeline

Once a settlement amount is agreed upon by you and the insurance carrier, the funds are not immediately released. Every final settlement agreement must be approved by the NC Industrial Commission.

1. Submission and Approval: Your lawyer submits the settlement documents to the NCIC. This approval process typically takes 4 to 6 weeks.
2. Payment: After the NCIC approves the settlement, the insurer typically issues the lump-sum payment within 10 to 30 days.
3. Disbursement: The funds are sent to your attorney's trust account first. Your lawyer then pays outstanding medical liens and legal fees before issuing you the final check. This final disbursement generally occurs within 1 to 2 weeks after the attorney receives the funds.

Therefore, the total time from signing the final settlement papers to receiving your workers' comp payout is usually 4 to 8 weeks.

Take Control of Your Claim: Why Legal Help Matters

An attorney can actively work to prevent delays by:

• Documentation and Deadlines: Ensuring all forms are correct and timely filed with the NCIC, preventing stalls due to clerical errors.
• Protecting Your Rights: Preventing the insurance company from using tactics to delay payment or denying necessary medical care.
• Maximizing Value: Ensuring the final settlement offers fair personal injury compensation based on all your damages. For a broader look at different claim types, review our Guide to Personal Injury Law in North Carolina.

Contact a Raleigh Workers' Compensation Lawyer Today

Don't let the uncertainty of how long a workers comp case takes add stress to your recovery. The best way to secure your benefits swiftly and maximize your settlement is by partnering with an experienced lawyer who knows the NC workers' compensation system inside and out.

If you've been injured at work in Raleigh, Durham, Apex, Cary, or a nearby community, contact Paul Robinson Law, P.L.L.C. today for a free consultation. We’ll review your specific situation and provide a realistic assessment of your claim's timeline.