After a workplace injury, one of the biggest questions you will have is, “how long do I have to file my claim?” This can be a confusing process and having an experienced lawyer navigate these murky waters can make all the difference.
It’s understandable to want to get going right away. After all, this injury changed the course of your life, and you may not have a lot of money in savings while you were injured. But before filing, there are a few things you need to know about the deadlines for your compensation claim.
In this article, we’ll cover everything you need to know about how long you have to file a claim for workers’ compensation and what happens if you miss it as well as other important information that could help your case.
What Does the Timeline for Filing a Claim Looks Like?
I have many clients who are worried about how long they have to file their workers’ compensation claim after a work injury—and how long it might take for an insurance company to deny or accept their claim. Here’s what a general timeline looks like:
You have 2 years to file Form 18 Notice of Accident to Employer and Claim of Employee.
- This time starts from the date of your injury or the last date of payment of medical compensation or weekly benefits.
- In the case of occupational diseases, this time starts from the date that your doctor advised you that you have a work-related disease or two years from the first date of disability (for example, the first time you were written out of work completely or assigned light duty work restrictions that your employer cannot accommodate.)
Form 18 is filed with the North Carolina Industrial Commission (NCIC).
Form 18 will notify your employer and their workers’ compensation insurance company that you got hurt at work or have an occupational disease.
From the date the NCIC acknowledges your Form 18, the insurance company has 30 days to formally accept or deny your claim.
Although you have up to two years to file your Form 18, we always recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines, and it’s always best to get statements while the event is still fresh in everyone’s minds.
What to Do if You Miss the Filing Deadline?
If you miss the deadline to file your claim, don’t panic. There may still be an opportunity for you to file a late claim. However, it is important to act quickly because certain circumstances can cause a claim to become permanently time-barred, meaning that no matter what you do it will not be accepted.
If you find yourself in this situation, start by researching the laws and deadlines in your state or country related to filing a claim after the deadline has passed. Depending on where you live, there may be exceptions that allow late filing in certain cases. If this is the case, then gather all relevant information—including evidence and documents—to prove that one of these exceptions applies to you and your claim. Once everything is in order, contact a lawyer or organization who can submit the claim on your behalf.
It’s also important to realize that even if an exception does apply, filing late could still result in lower compensation than what you would have received if you had met the original deadline. For this reason, it’s best to always give yourself plenty of time before filing any sort of claim so that potential issues can be avoided.
When Should You Seek Legal Advice Regarding Your Claim Deadline?
It’s important to remember that filing a claim comes with several legal deadlines and requirements. As such, it is wise to consult an experienced lawyer as soon as possible. Doing so may help you avoid missing any key deadlines and ensure that you receive all relevant information regarding your claim.
In addition, a qualified lawyer can advise you on the best options available under the law and make sure that the paperwork is completed correctly. They can also inform you of any potential legal consequences associated with failing to meet an applicable deadline. And if necessary they can even take action against other parties on your behalf in order to protect your rights.
Seeking legal advice as soon as you have an issue or when looking at launching a claim can give you peace of mind knowing that all relevant information has been uncovered in advance and that any subsequent legal proceedings are well-informed.
