1. Must an injured worker notify their employer of a work-related injury?
Pursuant to N.C. Gen. Stat. §97-22 the injury must be reported to the employer within 30 days of the accident, unless it can be shown that the employer had knowledge of the injury. The Industrial Commission also may within its discretion allow the claim to be filed as long as the employer was not prejudiced by the delay.
2. Should an injured worker allow their employer or its workers’ compensation insurance company to record a statement regarding the accident?
It is almost always customary for the insurance carrier to require a recorded statement. It is usually permissible for an injured employee to give a recorded statement, however, if for any reason you have knowledge to believe that the insurance carrier questions the circumstances surrounding the events of your case you may need to consult an attorney prior to agreeing to provide a recorded statement.
3. Is there a period of time after which my claim is no longer open?
If you have a workers’ compensation claim and you receive only medical treatment and do not lose any time from work then your claim will close within 12 months of the last date of medical treatment paid for by the workers’ compensation carrier. If you received weekly benefits due to your injury then your claim will close two years from the last date of compensation received.
If you have any questions about North Carolina Workers’ Compensation, feel free to e-mail me at ben@lawyernc.com.
