What is the waiting period for workers’ compensation in North Carolina? There is a seven–day waiting period for workers‘ compensation in North Carolina.
However, there’s no waiting period for medical treatments. Talk with a Charlotte personal injury lawyer, and they can explain your legal options if you were injured at work due to no fault of your own.
The Waiting Period for Workers’ Compensation in North Carolina Is Seven Calendar Days for Lost Wages
Per the North Carolina Workers’ Compensation Act §97-28, you are subject to a seven-day waiting period for lost-wage benefits if you’re injured on the job.
Based on this, if you request workers’ compensation benefits, you won’t get money for your lost wages for the first week that you’re dealing with a disability.
On the other hand, if the disability lasts more than 21 days, your workers’ comp benefits can be paid retroactively, dating back to the first day of your disability. In this scenario, you may use your sick or vacation leave to cover your income losses during the first seven days.
Shane Smith Law has over 100 years of combined experience on our team. On top of that, we’ve received dozens of positive client testimonials.
If you’re interested in taking legal action against any third parties liable for your on-the-job injuries, we’re here for you. Contact us today for more information.
For a free legal consultation, call (980) 246-2656
There’s No Waiting Period for Workers’ Compensation Medical Benefits in North Carolina
In terms of the waiting period for workers’ compensation benefits in NC, you have access to medical benefits right away. This means that if you suffer injuries at work and are entitled to workers’ comp benefits, you may be covered for your medical care starting on day one.
Of course, if you’re injured on the job and want to use your workers’ comp medical benefits, you should notify your employer promptly.
With workers’ compensation in North Carolina, you generally have up to 30 days from the date that you suffered your on-the-job injuries to notify your employer about them.
There’s also a deadline for you to file a workers’ compensation claim. According to the North Carolina Workers’ Compensation Act §97-58, you may have up to two years from the day you discover your workplace injuries to request workers’ comp benefits.
Retroactive Pay May Be Available After North Carolina’s Waiting Period for Workers’ Compensation Benefits
You miss work for seven days due to an on-the-job injury and don’t get workers’ compensation benefits for your lost wages. If you end up out of work for more than 21 days, you may receive retroactive pay for your loss of income for this initial period.
Alternatively, consider what can happen if you miss work for seven days but return in 21 or fewer days from your on-the-job injury. In this situation, you may not get retroactive pay for your lost wages. Yet, if you have sick or vacation time, you may use it to cover your loss of income for this time frame.
If a property owner, equipment manufacturer, or another third party is to blame for your on-the-job injuries, you may pursue compensation from them through a lawsuit.
Speak with a personal injury attorney who has obtained proven results for their clients. Your lawyer can determine your eligibility to sue a liable third party for compensatory damages.
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The Waiting Period for North Carolina Workers’ Compensation Typically Begins the Day After You Get Injured on the Job
If you were paid for the date you were injured at work, the seven-day waiting period for North Carolina workers’ comp starts the next day. Or, if you weren’t paid on the day you got hurt at work, the seven-day waiting period begins on the date of your injury.
Leave nothing to chance if you’re unsure of the waiting period for your North Carolina workers’ compensation benefits. Notify your employer about your on-the-job injuries and submit your workers’ comp claim to the North Carolina Industrial Commission (NCIC). If you wait too long to do these things, you may hurt your chances of getting workers’ comp benefits.
Consult with personal injury lawyers if a third party is to blame for your on–the-job injuries. Your attorney can share FAQs and other resources with you regarding personal injury lawsuits, how they work, and the compensation available to you. If warranted, they can help you file a lawsuit in which you request damages for your lost wages and other losses.
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The Waiting Period for Workers’ Comp in North Carolina Doesn’t Apply to Work Injury Lawsuits Against Third Parties
Based on North Carolina General Statutes § 1-52, the statute of limitations for most personal injury lawsuits is three years. If you want to sue a third party liable for your workplace injuries, the waiting period for workers‘ comp claims in NC has no impact. But remember, if three years pass from the day you suffered your work injuries, you may not be eligible to sue.
Meet with personal injury attorneys if you’re debating whether to file a lawsuit against a third party at fault for your on-the-job injuries. Your lawyer can calculate your economic and non-economic damages. They may submit your lawsuit in alignment with North Carolina law and prepare your case for trial.
Filing a lawsuit doesn’t guarantee that your case will have to go in front of a judge or jury. If a liable party offers a settlement before your trial date and you accept this proposal, you can close your case outside of court.
You’re not required to accept a settlement. If you don’t get a reasonable settlement offer, your lawyer can present your case in court.
The Bottom Line on the Waiting Period for Workers’ Compensation Claims in North Carolina
Get legal help if you have concerns or questions about the wait period for workers’ compensation in North Carolina. Shane Smith Law has recovered over $100 million in compensation for our clients.
If you’re interested in seeking compensation from a third party at fault for your work injuries, we are here for you. To get started, schedule a case consultation.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
