North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Defendants set forth in the statutes:

  • Within five days after the occurrence and knowledge thereof as provided in G.S. 97-22 of an injury to an employee, causing his absence from work for more than one day or charges for medical compensation exceeding the amount set by the Commission, a report thereof shall be made in writing and mailed or transmitted to the Commission in the form approved by the Commission for this purpose. — § 97-92
  • Upon the termination of the disability of the injured employee, or if the disability extends beyond a period of 60 days, then, also, at the expiration of such period the employer shall make a supplementary report to the Commission on blanks to be procured from the Commission for the purpose. — § 97-92
  • When Defendants accept a claim, the first installment of compensation shall become due on the fourteenth day after the employer has written or actual notice. — § 97-18(b)
  • No compensation, as defined in G.S. 97-2(11), shall be allowed for the first seven calendar days of disability resulting from an injury, except the benefits provided for in G.S. 97-25. Provided, however, that in the case the injury results in disability of more than 21 days, the compensation shall be allowed from the date of the disability. — § 97-28
  • If Defendants deny a claim, they shall notify the Commission and Plaintiff on or before the fourteenth day after it has written or actual notice of the injury or death, or within such reasonable time as the Commission may allow. — § 97-18(c)
  • In cases in which Defendants agree to pay benefits without prejudice, they can do so for 90 days from the date the employer had written or actual notice. Prior to the expiration of the 90-day period, Defendants can apply for an extension of not more than 30 days. — § 97-18(d)
  • Compensation payable pursuant to an award by the Commission or from the Court shall become due 10 days from the day following expiration of the time for appeal. — § 97-18(e)
  • If compensation is not paid within 14 days after it becomes due, a 10% penalty will be added to the payment unless such nonpayment is excused by the Commission. — § 97-18(g)
  • Within 16 days after final compensation has been made, Defendants shall send the commission and Plaintiff a notice that such final payment has been made. If Defendants fail to so notify the commission or Plaintiff, the Commission shall assess a civil penalty in the amount of $25. —§ 97-18(h)
  • Bills for services rendered under G.S. 97-25 must be paid within 60 days of approval by the Commission or within 60 days of it being properly submitted, and if they are not 10% will be added to the bill, unless such late payment is excused by the Commission. — § 97-18(i)
  • Defendants must accept, deny, or initiate payment without prejudice within 30 days of notice from the Commission of the filing of a claim. — § 97-18(j)
  • Defendants have 14 days to file an objection to a Form 23 Application to reinstate compensation. — § 97-18(k)
  • The insurer may require no more than 10 days advance notice of the inpatient admission or surgery. — § 97-25.3(a)(1)
  • The insurer shall review the need for inpatient admission or surgery and may require the employee to submit to an independent medical examination as provided in G.S. 97-27(a). This examination must be completed and the insurer must make its determination on the request for preauthorization within seven days of the date of the request unless this time is extended by the Commission for good cause. — § 97-25.3(a)(3)
  • Medical Records — Upon the request of the employee, the employer shall provide the employee with a copy of any records received in response to this request within 30 days of its receipt by the employer. —§ 97-25.6(c)(1)
  • Written communications with healthcare providers — The employer shall provide a copy of the healthcare provider’s response to the employee within 10 business days of its receipt by the employer. —§ 97-25.6(c)(2)
  • Oral Communications with healthcare providers . . . The employer shall provide the employee with a summary of the communication with the health care provider within 10 business days of any oral communication in which the employee did not participate. —§ 97-25.6(c)(3)
  • IME — If the examiner physically examined the employee, the employer must produce the examiner’s report to the employee within 10 business days of receipt by the employer, along with a copy of all documents and written communication sent to the independent medical examiner pertaining to the employee.
  • Subpoena. A subpoena may be issued by the Commission and served in accordance with G.S. 1A-1, Rule 45. A party shall not issue a subpoena duces tecum less than 30 days prior to the hearing date except upon prior approval of the Commission. — § 97-80
  • Hearing Request. If the employer and the injured employee or his dependents fail to reach an agreement in regard to benefits under this Article within 14 days after the employer has written or actual notice of the injury or death, or upon the arising of a dispute under this Article, either party may make application to the Commission for a hearing in regard to the matters at issue, and for a ruling thereon. — § 97-83
  • Appeal to the Full Commission. If application is made to the Commission within 15 days from the date when notice of the award shall have been given, the full Commission shall review the award — § 97-85(a)
  • Appeal to the Court of Appeals. Either party to the dispute may, within 30 days from the date of the award or within 30 days after receipt of notice to be sent by any class of U.S. mail that is fully prepaid or electronic mail of the award, but not thereafter, appeal from the decision of the Commission to the Court of Appeals for errors of law. — § 97-86