This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
A workers’ compensation claim in North Carolina is a no-fault insurance process that pays medical bills and a portion of lost wages to employees who are hurt on the job or who develop a work-related illness. The system is governed by the North Carolina Workers’ Compensation Act, found in N.C. Gen. Stat. Chapter 97, and is administered by the North Carolina Industrial Commission. Injured workers must report the accident to their employer in writing within 30 days and generally have two years from the date of injury to file a claim. The workers’ compensation attorneys at the Olsinski Law Firm represent injured employees throughout Charlotte, Mecklenburg County, and the greater Charlotte metropolitan area.
Workers’ compensation is designed to protect employees who are hurt while doing their job. Under N.C. Gen. Stat. § 97-2, the system covers accidental injuries that happen in the course of employment, as well as certain occupational diseases caused by long-term exposure at work.
Benefits in a North Carolina workers’ comp claim generally fall into four categories:
The system also covers death benefits for the families of workers killed on the job. What workers’ compensation does not cover is pain and suffering. Those damages are only available in a civil lawsuit, which is usually possible only against a third party, not the employer.
Do I need to prove my employer was at fault to get workers’ comp in North Carolina? No. North Carolina workers’ compensation is a no-fault system under N.C. Gen. Stat. § 97-9, which means you do not have to prove your employer did anything wrong to receive benefits. You only need to show that your injury happened in the course and scope of your job. In exchange for this simpler process, injured workers give up the right to sue their employer directly for most work injuries.
Most employees in North Carolina are covered. Under N.C. Gen. Stat. § 97-2(1), any business with three or more employees is required to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. Some categories are treated differently, including federal employees, certain agricultural workers, domestic workers, and independent contractors.
The line between an employee and an independent contractor is a common fight in workers’ comp cases. Employers sometimes label a worker a “contractor” to avoid paying benefits, but the Industrial Commission looks at the actual working relationship, not just the job title. Factors include who controls the work, who provides tools, and how the worker is paid. If a misclassification is the only thing standing between you and benefits, our Charlotte workers’ compensation attorneys can push back on that label.
Filing a North Carolina workers’ compensation claim involves specific steps and strict deadlines. Missing a step can cost you benefits.
How long do I have to file a workers’ compensation claim in North Carolina?In most cases, you have two years from the date of your workplace injury to file Form 18 with the North Carolina Industrial Commission under N.C. Gen. Stat. § 97-24. You must also notify your employer in writing within 30 days under § 97-22. For occupational diseases, the two-year clock usually starts on the date a doctor tells you the condition is work-related. Missing either deadline can bar your claim entirely.
Injured on the job in Charlotte? Call the Olsinski Law Firm at 704-405-2580 for a free consultation. Our Charlotte office is located at 1355 Greenwood Cliff #300, and we are available 24/7.
Workplace injuries in the Charlotte area cover a wide range of industries, from hospitals and warehouses to construction sites and trucking fleets. Our workers’ compensation team regularly handles claims involving:
Nursing assistants, truck drivers, warehouse workers, construction crews, and maintenance workers tend to face the highest rates of injury, but any worker in any job can file a valid claim when the injury is work-related.
Even valid claims get denied. Insurance carriers are in the business of limiting payouts, and they use predictable reasons to reject or delay benefits. Common denial reasons include:
When a claim is denied, the next step is usually a hearing before the North Carolina Industrial Commission. Our attorneys handle those hearings, including the filing of Form 33 to request a hearing and the presentation of medical and vocational evidence.
What happens if my North Carolina workers’ comp claim is denied? If your workers’ compensation claim is denied, you have the right to request a hearing before the North Carolina Industrial Commission by filing Form 33. A Deputy Commissioner will review medical records, hear testimony, and issue a written opinion. Either side can appeal that decision to the Full Commission, and then to the North Carolina Court of Appeals. Strong medical evidence and clear documentation of the injury are the keys to winning at every stage.
Workers’ compensation usually prevents you from suing your employer. It does not prevent you from suing a third party whose negligence caused your injury. This matters because third-party claims can recover pain and suffering, full lost wages, and other damages that workers’ comp alone will not pay.
Common examples include:
Running a workers’ comp claim and a personal injury claim side by side takes coordination. The Olsinski Law Firm is a multi-practice firm, with dedicated personal injury and workers’ compensation attorneys working under one roof. Kimberly Olsinski, Esq., a founding partner, worked inside the legal department of a major insurance company during law school before switching to represent injured plaintiffs. She is a NITA Trial Techniques graduate, has been recognized among the Top 100 Trial Lawyers by the National Trial Lawyers, and holds the AVVO Client’s Choice award. That inside knowledge of how insurers evaluate and defend claims is a real advantage for injured clients in Mecklenburg County.
The length of benefits depends on how badly you are hurt and whether you can return to work.
Reaching maximum medical improvement does not mean you are fully healed. It means further treatment will not meaningfully improve your condition. At that point, your doctor assigns a permanent impairment rating, and the weekly benefits shift from temporary to permanent categories.
The Olsinski Law Firm was founded in 2011 and serves clients from two offices, one in Charlotte and one in Concord. Our workers’ compensation practice is part of a larger firm that also handles personal injury, criminal defense, and family law. That matters for injured workers because many work accidents cross practice areas. A truck driver hurt in a DWI-related crash, for example, may have a workers’ comp claim, a personal injury claim, and questions about the criminal case against the other driver. We coordinate those matters inside one firm.
Clients regularly tell us that what sets the firm apart is communication. Phone calls get returned. Updates are clear. You know what is happening in your case. That is the standard every attorney and staff member at Olsinski Injury, Family & Criminal Lawyers is held to.
North Carolina workers’ compensation disputes are heard by the North Carolina Industrial Commission, not by a county court. The Commission is a state agency based in Raleigh, but hearings are held throughout the state. For Charlotte and Mecklenburg County workers, hearings often take place at regional locations, and evidence is submitted through Industrial Commission forms. Appeals from the Full Commission go to the North Carolina Court of Appeals.
No. North Carolina law, under the Retaliatory Employment Discrimination Act (N.C. Gen. Stat. § 95-241), makes it illegal for an employer to fire, demote, or retaliate against an employee for filing a workers’ compensation claim in good faith. If retaliation happens, the employee may have a separate lawsuit against the employer, on top of the workers’ comp claim. You should save every email, text, write-up, and schedule change that could help prove the pattern.
Usually, yes. Under N.C. Gen. Stat. § 97-25, the employer or insurance carrier has the right to direct medical treatment in an accepted workers’ comp claim. You can ask the Industrial Commission to approve a change of treating physician or to authorize a second opinion, especially on a permanent impairment rating. Emergency treatment at the nearest hospital is always allowed.
The Olsinski Law Firm handles workers’ compensation claims on a contingency fee, which means you pay no attorney fee unless we recover benefits for you. Workers’ compensation attorney fees in North Carolina are capped by the Industrial Commission, usually at 25 percent of the disputed benefit amount, and any fee must be approved by the Commission. Consultations are free.
Yes. Many North Carolina workers’ compensation claims end with a negotiated lump-sum settlement, called a clincher agreement. A clincher closes out future medical and indemnity benefits in exchange for a single payment. Because it is final, accepting a clincher without legal review is risky. Our attorneys evaluate the full value of future medical care and wage loss before recommending any settlement.
You can reach our Charlotte office at 704-405-2580 or our Concord office at 704-918-4747. Our Charlotte workers’ compensation attorneys are available 24/7 and offer free consultations. You can also submit your case through our contact form.
If you have been hurt on the job anywhere in Charlotte, Mecklenburg County, or the greater Charlotte metro, the workers’ compensation attorneys at Olsinski Injury, Family & Criminal Lawyers are ready to help. We handle the claim, the paperwork, and the fights with the insurance carrier so you can focus on getting better. Call our Charlotte office at 704-405-2580 for a free consultation, or reach us through our contact form. We are available 24/7.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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