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

  • Notice of Accident to Employer — no compensation shall be payable unless such written notice is
    given within 30 days after the occurrence of the accident or death, unless reasonable excuse is
    made to the satisfaction of the Industrial Commission for not giving such notice and the Commission
    is satisfied that the employer has not been prejudiced thereby. — § 97-22
  • Right to compensation barred after two years unless:
    • Claim or Memorandum of Agreement under G.S. 97-82 is filed with the Commission, or
      employee is paid compensation within two years of the accident
      OR
    • Claim or Memorandum of Agreement under G.S. 97-82 is filed within two years after the
      last payment of medical compensation       when no other compensation has been paid and
      when employer’s liability has not otherwise been established.
      — § 97-24(a)
  • If a Defendant pays compensation without prejudice, but then timely denies Plaintiff’s claim,
    Plaintiff’s right to seek further compensation shall terminate two years after the employer’s last
    payment of medical or indemnity compensation, whichever last occurs, unless Plaintiff files with the
    Commission a claim for further compensation prior to the expiration of the two year period.
    — § 97-47.1
  • Right to medical compensation shall terminate two years after employer’s last payment of medical or indemnity compensation unless, prior to the expiration of this period, either:
    • The employee files with the Commission an application for additional medical compensation
      which is approved by the Commission, or
    • The commission on its own motion orders additional medical compensation.
      — § 97-25.1
  • No review for change of condition shall be made after two years from the date of the last payment of compensation pursuant to an award. In cases in which only medical benefits have been paid, no
    such review shall be made after 12 months from the date of the last payment of bills for medical or
    other treatment. —§ 97-47
  • Trial Return to Work. Notwithstanding the provisions of G.S. 97-32, an employee may attempt a trial return to work for a period not to exceed nine months. During a trial return to work period, the
    employee shall be paid any compensation which may be owed for partial disability pursuant to G.S.
    97-30. If the trial return to work is unsuccessful, the employee’s right to continuing compensation
    under G.S. 97-29 shall be unimpaired unless terminated or suspended thereafter pursuant to the
    provisions of this Article. — § 97-32.1
  • Second Opinion Evaluation — If, within 14 calendar days of the receipt of the written request, the
    request is denied or the parties, in good faith, are unable to agree upon a health care provider to
    perform a second opinion examination, the employee may request that the Industrial Commission
    order a second opinion examination. — § 97-25
  • Defendants’ Request to submit information to provider — The employee shall have 10 business
    days from the postmark or verifiable facsimile or electronic mail either to consent or object to the
    employer’s proposed written communication. — § 97-25.6(d)
  • Timeline for an extension of benefits – Plaintiff cannot apply for an extension of benefits beyond
    500 weeks until 425 weeks have elapsed since the date of first disability. — § 97-29
  • Timeline for filing occupational disease claim:
    • Plaintiff must file a claim within two years after death, disability, or disablement.
    • The right to compensation for radiation injury, disability, or death, must be filed within two
      years after Plaintiff first suffered incapacity from the exposure and either knew or in the
      exercise of reasonable diligence should have known that the occupational disease was
      caused by his present or prior employment.
      — § 97-58(c)
  • Occupational Disease – Exposure necessary for lead poisoning — Provided the employee shall
    have been exposed to the hazard of lead poisoning for at least 30 days in the preceding 12-month period; and, provided further, only the employer in whose employment such employee was last injuriously exposed shall be liable. — § 97-53(6)
  • Occupational Disease – Timeline for exposure for loss of Hearing — Loss of Hearing. The employer liable for the compensation in this section shall be the employer in whose employment the employee was last exposed to harmful noise in North Carolina during a period of 90 working days or parts thereof, and an exposure during a period of less than 90 working days or parts thereof shall be held not to be an injurious exposure; provided, however, that in the event an insurance carrier has been on the risk for a period of time during which an employee has been injuriously exposed to harmful noise, and if after insurance carrier goes off the risk said employee has been further exposed to harmful noise, although not exposed for 90 working days or parts thereof to constitute an injurious exposure, such carrier shall, nevertheless, be liable.

    No claim for compensation for occupational hearing loss shall be filed until after six months have
    elapsed since exposure to harmful noise with the last employer. The last day of such exposure shall
    be the date of disability. The regular use of employer-provided protective devices capable of
    preventing loss of hearing from the particular harmful noise where the employee works shall
    constitute removal from exposure to such particular harmful noise. — § 97-53(28)

  • Occupational Disease – Asbestosis or Silicosis. In any case, where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously
    exposed to the hazards of such disease, and the insurance carrier, if any, which was at the risk when the employee was so last exposed under such employer, shall be liable.

    For the purpose of this section when an employee has been exposed to the hazards of asbestosis
    or silicosis for as much as 30 working days, or parts thereof, within seven consecutive calendar
    months, such exposure shall be deemed injurious but any less exposure shall not be deemed
    injurious; provided, however, that in the event an insurance carrier has been at risk for a period
    of time during which an employee has been injuriously exposed to the hazards of asbestosis or
    silicosis, and if after the insurance carrier goes off the risk said employee is further exposed to the
    hazards of asbestosis or silicosis, although not so exposed for a period of 30 days or parts thereof
    so as to constitute a further injurious exposure, such carrier shall, nevertheless, be liable. — § 97-57

  • Occupational Disease – Period necessary for Plaintiff to be exposed to silicosis or asbestosis – Compensation not payable for exposure unless Plaintiff was exposed to the inhalation of dust of silica or silicates or asbestos dust in employment for a period of not less than two years in this State, provided no part of such period of two years shall have been more than 10 years prior to the last exposure. — § 97-63
  • Occupational Disease – Second Examination and Report — As soon as practicable after the
    expiration of one year following the initial examination     by the advisory medical committee and when ordered by the Industrial Commission, the employee shall again appear before the advisory
    medical committee. — § 97-61.3
  • Occupational Disease – Third Examination and Report — As soon as practicable after the expiration of two years from the first examination and when ordered by the Industrial Commission, the employee shall appear before the advisory medical committee, or at least two of them, for final X-rays and physical examination. — § 97-61.4
  • Occupational Disease – Death from Asbestosis or Silicosis — Should death result from asbestosis or silicosis within two years from the date of last exposure, or should death result from asbestosis or silicosis, or from a secondary infection or diseases developing from asbestosis or silicosis within 350 weeks from the date of last exposure and while the employee is entitled to compensation for disablement due to asbestosis or silicosis, either partial or total, then in either of these events, the employer shall pay, or cause to be paid compensation in accordance with G.S. 97-38. — § 97-61.6
  • Occupational Disease – Claim where benefits are discontinued — Where compensation payments have been made and discontinued, and further compensation is claimed, the claim for further compensation shall be made within two years after the last payment in all cases of occupational disease, provided, that claims for further compensation for asbestosis or silicosis shall be governed by the final award as set forth in G.S. 97-61.6. — § 97-66
  • If it is determined that jurisdiction before the Commission is not proper, Plaintiff shall have one year
    after the rendition of judgment to commence an action at law. — § 97-24(b)
  • The beneficiary of a deceased employee is entitled to death benefits if the death results proximately
    from a compensable injury or occupational disease within six years of the injury or disease or
    within two years of the final determination of disability    , whichever is later. –§ 97-38
  • A person who for more than three years prior to the death of a deceased employee stood in the
    place of a parent for him, and was dependent on employee, can qualify as a “parent.” — § 97-2(13) —
    § 97-2(13)
  • A parent will not qualify as “next of kin” if they have willfully abandoned the care and maintenance
    of his or her child and has not resumed care and maintenance at least one year prior to the first
    occurrence of the majority or the death of the child and continued its care and maintenance until its
    death or majority. — § 97-40
  • Subpoena. A subpoena may be issued by the Commission and served in accordance with G.S. 1A1, 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 the 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