Bowman Law PLLC | Workers' Compensation Attorneys | Winston-Salem, NC

The North Carolina Workers' Compensation Act provides that you must report a work-related injury to your employer within 30 days from the date of the injury. However, you will benefit from reporting your injury as soon as possible--ideally, immediately after the accident occurs. You should report the injury to your supervisor in writing. You should also keep a copy of the written notice you provide to your employer, so that the notice may later be used as evidence in your case, if necessary. Your written notice need not be a lengthy letter, but should include the following information: (1) The time and date of the injury, (2) a brief description of of the events surrounding the accident that led to the injury, and (3) a full list of the body parts injured as a result of the accident. Additionally, you should inform co-workers of your accident and injury, and you should attempt to determine whether anyone else witnessed the events leading to your injury.

Generally, funds that you receive as a result of the settlement of your North Carolina workers’ comp claim are among those benefits that are deemed not taxable as income. By contrast, if you were to settle a separate legal dispute of a different type–for example, a claim arising from your former employer’s violation of federal or state employment law–then the funds you receive as a result of this separate matter may well be taxable as income, either in whole or in part.

In addition to seeking medical attention and notifying the employer immediately, all injured workers–with a few exceptions–should complete a "Form 18 Notice of Accident to Employer and Claim of Employee, Representative, or Dependant" within two years of the date of the work-related injury or illness, and return the form to the North Carolina Industrial Commission. Otherwise, the claim could be time barred. One should also send a copy of the form to the employer of injury.

Fortunately--with a few exceptions--you are protected from this type of retaliatory action by the NC Retaliatory Employment Discrimination Act ("REDA"). Pursuant to this law, it is illegal for a company to fire an employee for filing a workers’ comp claim.

In the context of a workers’ compensation claim, Maximum Medical Improvement (MMI) means that your condition is stable and cannot be further improved with additional medical treatment. It does not, necessarily, mean that you have recovered. Despite being at maximum medical improvement, you may continue to receive medical compensation benefits, including, for example, pain management treatment, provided by the workers’ compensation insurance carrier. If your doctor has placed you at MMI and has not recommended additional medical treatment, you may need to obtain a second opinion. If you require ongoing treatment for a compensable workers’ compensation claim, keep in mind that you should keep track of your medical treatment and ensure that the workers’ compensation insurance carrier is paying for medical treatment at least every two years. As with all legal matters, there are statutes of limitation that, if missed, could prevent you from obtaining future benefits.