How Long Do I Have To File A Workers’ Compensation Claim With The North Carolina Industrial Commission For An Occupational Disease?

This issue was addressed by the North Carolina Court of Appeals in Rimmer v. Town of Chapel Hill (2022).

The decision in this case centered on the issue of notice and filing requirements for an occupational disease claim. The North Carolina Court of Appeals clarified that for the North Carolina Industrial Commission to have jurisdiction to address an injured employee’s claim for an occupational disease that a claim for benefits must be filed with the North Carolina Industrial Commission within 2 years of the date of death or date of disability caused by the occupational disease. The North Carolina Court of Appeals noted that notice of the injured employee’s occupational disease is to be provided to the employer within 30 days from the date the injured employee is “clearly, simply, directly” informed by her/his treating physician that the occupational disease was caused by the injured employee’s employment. However, the North Carolina Court of Appeals made clear that statements by the treating physician that the occupational disease “may” or “could” be caused by the employment or reference in the medical records to the injured employee’s “self-report” of an occupational disease due to employment do not trigger the notice requirement to the employer.

Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling  (833) 444-4127.