Health Care

How Does The Statute Of Limitations Affect Worker’s Compensation Claims?

How Does The Statute Of Limitations Affect Worker’s Compensation Claims?

How Does The Statute Of Limitations Affect Worker’s Compensation Claims?

The North Carolina Workers’ Compensation Act requires injured workers file workers’ compensation claims with the North Carolina Industrial Commission within two years of the date of injury or within two years of the defendants’ most recent medical compensation. This will be the procedure unless the defendant has accepted liability for the claim; he or she files an acceptance of liability with the North Carolina Industrial Commission.

North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped many clients address these issues through their years of practice.

About the Form 18

In order to avoid the two year Statute of Limitations for filing a claim for workers’ compensation benefits, a Form 18 (Claim of Employee) must be filed by the employee or employee’s attorney with the North Carolina Industrial Commission within two years of the date of injury. Alternatively, that can be done within two years of the defendants’ last payment of medical compensation.

It is vital that a Form 18 is filed by the employee or the employee’s attorney with the North Carolina Industrial Commission within two years of the date of injury. If the form has not been filed with the regulatory agency, it is vital to determine if the defendants have paid for medical compensation. If the answer is yes, take note of the most recent date that they paid for medical compensation. This helps determine if there is additional time for employees or their attorneys to file a Form 18 and avoid the two-year statute of limitations for filing workers’ compensation claims.

About the Form 60

If the defendants file a Form 60 (for employees to exercise their rights to compensation), then the two-year statute of limitations does not apply to the Workers’ Compensation claim.

Cardinal Law Partners can request a copy of any defendant’s filings from the North Carolina Industrial Commission. This indicates if a defendant has utilized a Form 60 to avoid applying for the two-year statute of limitations.

When do Employees Not Need to File Their Workers’ Compensation Claims?

Defendants who’ve compensated their employees within 90 days from when the workplace injury occured, it automatically indicates that the employers have accepted liability for the claim. Employees are no longer required to file their Workers’ Compensation claims within two years of the date of injury.

If you have any inquiries about the statute of limitations for Workers’ Compensation claims, contact Cardinal Law Partners today. Our attorneys are experienced in all aspects of the North Carolina Workers’ Compensation Act and will guide you through the Workers’ Compensation claims process in North Carolina and the surrounding areas. Call to 833-444-4257 Contact us today!