• 09 Mar 2026

How to File a Workers’ Compensation Claim in North Carolina

If you have been injured on the job, knowing how to apply for workers compensation correctly can be the difference between receiving benefits and having your claim denied. In North Carolina, the workers compensation process is a legal system designed to provide medical care and wage replacement, but it requires strict adherence to the rules set by the North Carolina Industrial Commission.

At Paul Robinson Law, P.L.L.C., we represent hard-working people throughout the Triangle. Whether you were hurt at a construction site in Apex or an office in Raleigh, here is exactly how to file a workers comp claim to ensure you are protected.

The Step-by-Step Workers' Compensation Process

Many injured workers wonder, "How do you get workers comp?" It isn't automatic. You must take proactive steps to initiate your claim.

• Report the Injury Immediately: You should provide written notice to your employer as soon as possible. Under N.C.G.S. § 97-22, you must give notice within 30 days of the accident, or you may lose your right to benefits.
• Seek Medical Attention: Visit a doctor immediately and explicitly state that your injury occurred at work. This creates a medical record that serves as the foundation for your claim.
• File Form 18 with the Industrial Commission: This is the most critical step in how to file for workers compensation. Form 18 is the "Notice of Accident to Employer and Claim of Employee." You must file this form even if your employer is already paying for your medical treatment.
• Confirm the Employer’s Report: Your employer should file a Form 19 (Employer’s Report of Injury) within five days of learning about your accident.

What Evidence Do I Need for an Injury Claim?

To successfully file a workman's comp claim, you need more than just a description of the event. You need a body of evidence that proves the injury arose out of and in the course of your employment.

• Medical Records: Detailed notes from your initial visit and follow-up appointments.
• Witness Statements: Contact information and accounts from coworkers who saw the incident.
• Visual Evidence: Photos of the accident scene, faulty equipment, or the specific hazard that caused your fall.
• Employment Documentation: Records of your wages to calculate your "Average Weekly Wage" for disability payments.

Common Questions About NC Workers’ Comp Claims

Which is the most common type of workers' compensation claim?

The most frequent claims involve overexertion (lifting or pulling), slips, trips, and falls. In North Carolina, you must be able to show that an "accident,” an unlooked-for or untoward event, has occurred. Simply "hurting your back while lifting" may be denied if it was part of your normal work routine; you must show something changed, such as a trip or a sudden shift in weight.

What is not covered under workers’ comp?

Benefits typically do not cover injuries sustained while intoxicated, injuries resulting from willful intention to hurt oneself or others, or injuries that occur during a commute to or from work (with specific exceptions).

What is the average payout for compensation?

While payouts vary based on the severity of the disability, North Carolina law generally provides for two-thirds (66.67%) of your average weekly wage, subject to a maximum cap set annually by the state.

Deadlines You Cannot Miss

While you have 30 days to notify your employer, you have a two-year statute of limitations to formally file your claim (Form 18) with the North Carolina Industrial Commission. According to state statistics, thousands of claims are denied annually simply because workers relied on their employer’s verbal promises and failed to file the proper state forms.

Get Professional Help with Your Claim

The workers compensation process is often adversarial. Insurance companies have teams of lawyers working to minimize your payout. You shouldn’t have to fight them alone.

If you are unsure of your next steps, we have resources to help you understand if workers' compensation is taxable and how long it takes to settle a workers' compensation case.

If you’ve been hurt at work, don’t wait. Contact Paul Robinson Law, P.L.L.C. today for a free consultation. We’ll help you navigate the paperwork so you can focus on getting better.