How to File a Workers' Compensation Claim in North Carolina
Reviewed by DocDraft Legal Team · North Carolina · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In North Carolina, the system is administered by the North Carolina Industrial Commission (NCIC), which enforces the Workers' Compensation Act and decides contested claims. Two deadlines are critical. You must give your employer written notice of the accident within 30 days (N.C.G.S. 97-22), and you have two years from the accident to file your claim (N.C.G.S. 97-24). Unlike states where the employer hands you a claim form, in North Carolina you open the claim yourself by filing Form 18, the Notice of Accident to Employer and Claim of Employee, with the Industrial Commission. The employer's insurer then accepts or denies the claim, and if it is disputed you request a hearing by filing Form 33. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in North Carolina?
First, report your injury to your employer in writing within 30 days of the accident (N.C.G.S. 97-22). Then file Form 18, the Notice of Accident to Employer and Claim of Employee, with the North Carolina Industrial Commission. Filing Form 18 formally opens your claim.
How long do I have to file a workers' compensation claim in North Carolina?
Two deadlines matter. You must give your employer written notice within 30 days of the accident (N.C.G.S. 97-22). Separately, you have two years from the accident to file Form 18 with the North Carolina Industrial Commission (N.C.G.S. 97-24). Missing either can bar your benefits.
What is Form 18 in North Carolina?
Form 18 is North Carolina's official Notice of Accident to Employer and Claim of Employee. Unlike some states, you file it yourself with the North Carolina Industrial Commission to open your claim. A copy served on your employer also helps satisfy the 30-day written-notice requirement.
Who handles workers' compensation claims in North Carolina?
The North Carolina Industrial Commission administers the state's Workers' Compensation Act and adjudicates disputes. Day to day, your employer's insurer decides whether to accept or deny your claim. If you disagree, the Industrial Commission resolves the dispute after you request a hearing by filing Form 33.
North Carolina workers' compensation claim law at a glance
In North Carolina, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the North Carolina Industrial Commission, which administers the Workers' Compensation Act and decides contested claims. You must give your employer written notice of the accident within 30 days (N.C.G.S. 97-22). To open the claim, you file Form 18, the Notice of Accident to Employer and Claim of Employee, with the Industrial Commission. Unlike some states, the worker files this form, not the employer. If the claim is denied or benefits are disputed, you request a hearing by filing Form 33. You have two years from the accident to file Form 18, or your right to compensation is forever barred (N.C.G.S. 97-24).
Filing a North Carolina workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Charlotte warehouse. You tell your supervisor and, the same week, give written notice of the accident, staying well inside the 30-day deadline (N.C.G.S. 97-22). To open your claim, you complete Form 18, the Notice of Accident to Employer and Claim of Employee, and file it with the North Carolina Industrial Commission, serving a copy on your employer. The insurer starts paying for medical treatment but later disputes your wage-replacement benefits. Because you must file within two years of the accident (N.C.G.S. 97-24), you request a hearing by filing Form 33 with the Industrial Commission. Attorney review of your claim is available through DocDraft.
Relevant Laws
N.C.G.S. 97-22 (30-day written notice of accident to employer)
Requires every injured employee to give the employer written notice immediately on the occurrence of an accident, or as soon thereafter as practicable, and provides that no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death.
N.C.G.S. 97-24 (two-year limitation on filing a claim)
Provides that the right to compensation is forever barred unless a claim (Form 18) or memorandum of agreement is filed with the Industrial Commission, or the employee is paid compensation, within two years after the accident, or within two years after the last payment of medical compensation when no other compensation has been paid.
North Carolina Industrial Commission, Form 18
The Industrial Commission publishes Form 18, the Notice of Accident to Employer and Claim of Employee, Representative, or Dependent. The injured worker files this form with the Commission to open a workers' compensation claim, and the Commission adjudicates disputed claims.
Regional Variances
North Carolina workers' compensation claim rules at a glance
Reporting deadline
30 days from the occurrence of the accident to give your employer written notice, under N.C.G.S. 97-22. No compensation is payable unless written notice is given within 30 days.
Claim form
Form 18, the Notice of Accident to Employer and Claim of Employee. In North Carolina the worker files it with the Industrial Commission to open the claim, not the employer.
Filing deadline
Two years from the accident to file Form 18 with the Industrial Commission (N.C.G.S. 97-24). The right to compensation is forever barred after that period.
Who administers it
The North Carolina Industrial Commission, which enforces the Workers' Compensation Act and adjudicates disputes through Deputy Commissioners and the Full Commission.
How disputes are filed
By filing Form 33 to request a hearing before the Industrial Commission when the insurer denies, delays, or underpays the claim, within the two-year period under N.C.G.S. 97-24.
Suggested Compliance Checklist
Report the injury to your employer in writing
Within 30 days of the accident days after startingGive your employer written notice of the accident within 30 days of its occurrence (N.C.G.S. 97-22). No compensation is payable unless written notice is given within 30 days, so do this immediately and keep a dated copy of what you sent.
Complete Form 18
As soon as possible after the injury days after startingFill out Form 18, the Notice of Accident to Employer and Claim of Employee, available from the North Carolina Industrial Commission. Describe the accident, the injury, and the body parts affected. In North Carolina the worker completes and files this form, not the employer.
File Form 18 with the Industrial Commission
Within two years of the accident days after startingSubmit Form 18 to the North Carolina Industrial Commission to open the claim, and serve a copy on your employer. Filing within two years is required under N.C.G.S. 97-24, or the right to compensation is forever barred. Attorney review of your claim is available through DocDraft.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment for your injury and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer will accept your claim (Form 60 or 63) or deny it (Form 61). Calendar any deadline the insurer sets, keep proof of what you sent, and note the accident date so you can protect the two-year filing window under N.C.G.S. 97-24.
Request a hearing if your claim is disputed
Within two years of the accident days after startingIf the claim is denied, delayed, or underpaid, request a hearing before the North Carolina Industrial Commission by filing Form 33 within two years of the accident (N.C.G.S. 97-24). File early to protect your rights.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer written notice of the accident within 30 days of its occurrence (N.C.G.S. 97-22). No compensation is payable unless written notice is given within 30 days, so do this immediately and keep a dated copy of what you sent. | - | Within 30 days of the accident |
| Complete Form 18 | Fill out Form 18, the Notice of Accident to Employer and Claim of Employee, available from the North Carolina Industrial Commission. Describe the accident, the injury, and the body parts affected. In North Carolina the worker completes and files this form, not the employer. | - | As soon as possible after the injury |
| File Form 18 with the Industrial Commission | Submit Form 18 to the North Carolina Industrial Commission to open the claim, and serve a copy on your employer. Filing within two years is required under N.C.G.S. 97-24, or the right to compensation is forever barred. Attorney review of your claim is available through DocDraft. | - | Within two years of the accident |
| Get medical care and keep records | Seek treatment for your injury and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits. | - | Ongoing after the injury |
| Track the insurer's decision and deadlines | The insurer will accept your claim (Form 60 or 63) or deny it (Form 61). Calendar any deadline the insurer sets, keep proof of what you sent, and note the accident date so you can protect the two-year filing window under N.C.G.S. 97-24. | - | While the claim is pending |
| Request a hearing if your claim is disputed | If the claim is denied, delayed, or underpaid, request a hearing before the North Carolina Industrial Commission by filing Form 33 within two years of the accident (N.C.G.S. 97-24). File early to protect your rights. | - | Within two years of the accident |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In North Carolina, you open a claim by filing Form 18 with the North Carolina Industrial Commission, which decides disputes.
Reporting means giving your employer written notice of the accident, which you must do within 30 days (N.C.G.S. 97-22). Filing the claim is the separate step of submitting Form 18 to the North Carolina Industrial Commission. Reporting comes first; filing Form 18 formally opens your claim.
You have 30 days from the occurrence of the accident to give your employer written notice (N.C.G.S. 97-22). The statute says no compensation is payable unless written notice is given within 30 days, so report promptly and keep a dated copy of your notice.
You have two years from the date of the accident to file Form 18 with the North Carolina Industrial Commission (N.C.G.S. 97-24). If no other compensation has been paid, the two years can instead run from the last payment of medical compensation. Missing it forever bars your claim.
Missing the 30-day notice can jeopardize your claim, because N.C.G.S. 97-22 says no compensation is payable unless written notice is given within 30 days. The Industrial Commission may excuse late notice if you had a reasonable excuse and the employer was not prejudiced, but do not rely on that.
Day to day, your employer's insurer decides whether to accept or deny your claim. If you disagree, the North Carolina Industrial Commission resolves the dispute. You request a hearing by filing Form 33, and a Deputy Commissioner hears the case, with appeal available to the Full Commission.
No. North Carolina workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. Benefits are set by statute, not a jury.
If the insurer denies your claim or underpays benefits, you can take it to the North Carolina Industrial Commission by filing Form 33 to request a hearing. Do this within two years of the accident (N.C.G.S. 97-24). Attorney review of your case is available through DocDraft.
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