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Last Modified on Oct 24, 2025
When an injury happens in the workplace, it can be extremely destabilizing. It may feel like you did something wrong, or your job is at stake. Most workers want to be able to go back to normal after an injury happens, with many asking, “How long does a workers’ comp case take to settle in North Carolina?”
Hire a Workers’ Comp Lawyer That Locals Trust
For over 40 years, Roberts Law Firm, P.A., has helped North and South Carolina residents find closure after a traumatic experience. Attorney Roberts and Collins pride themselves on helping those who need it most. We can help by:
- Explaining your employee rights under state law
- Protecting you from mistakes or unfair treatment
- Speaking to the insurance companies for you
- Seeing if a separate legal claim needs to be filed against a third party
How Workers’ Compensation Works in North Carolina
In 2023, there were 4,831,201 employees living in North Carolina. Top occupations in the state include managers, truck drivers, and registered nurses. These employees have the legal right to a safe work environment, but mistakes and management oversight often lead to accidents happening. There were 85,700 workplace injuries and illnesses statewide that year.
The time it takes to settle a workers’ compensation case in North Carolina isn’t set by one single rule. It all depends on how long it takes for the worker to complete treatment and agree on a final settlement.
However, certain regulations can make that timeline vary, depending on the specific details of your unique situation.
North Carolina Workers’ Compensation Laws
Almost every employer in North Carolina must have workers’ compensation insurance in case one of their employees is hurt on the job. As long as that coverage is in place, the employer is only responsible for paying benefits as described in the workers’ compensation law.
No matter what, employers have to follow safety laws. If the employer violates these laws and it leads to an injury, workers’ compensation benefits will increase by 10% for the injured employee.
If the employee ignored safety rules on purpose or refused to use safety equipment, their benefits will be reduced by 10%.
What Benefits You’re Entitled To
You’ll need to notify your employer promptly after an injury happens. You must do this within 30 days of the incident, in writing and verbally. Once a workers’ compensation claim is filed, the insurance company will either approve or deny the claim.
Benefits for injured workers include payment for medical treatment and partial wages. During the first seven days of missing work due to the injury, you won’t receive wages. However, if the injury keeps you out of work for more than 21 days, those first seven days will be paid for.
During the first week off work, you can use sick leave, vacation time, or other paid leave benefits.
The first wage payment will be made no more than 14 days after your employer learns of the injury. After that, payments will be made weekly.
If the employer or insurance company denies the worker’s claim, they must tell both the North Carolina Industrial Commission and the worker in writing within 14 days, explaining why they believe the claim is not covered. They may claim the injury was a prior injury or not caused by work. The worker has the right to ask the Commission for a hearing to appeal the denial.
Be sure to hire a skilled workers’ comp lawyer during this time. They’ll be able to review your case and argue on your behalf for fair treatment.
Partial Disability Versus Total Disability
There are two types of disabilities classified in a workers’ compensation case:
- Partial disability. A worker is considered partly disabled when they can still work after the injury but earn less than before due to physical limitations. They’ll receive weekly payments equal to two-thirds of the difference between what they earned before the injury and what they can earn afterward. These payments can last up to 500 weeks.
- Total disability. If a worker is completely unable to work while recovering, they are considered totally disabled. The employer must pay weekly benefits equal to two-thirds of the worker’s average weekly pay. These payments can continue for up to 500 weeks from the first day of disability.
FAQs
When Do Workers’ Compensation Benefits Stop?
An employer can stop paying total disability benefits if the worker returns to work. However, the employee may still be eligible for partial disability benefits. If the employer wants to stop payments for another reason, they must notify the worker and their attorney in writing. The worker has 14 days to object, and an informal hearing will be scheduled. Your lawyer will be able to help guide you through this process.
How Long Can I Receive Medical Treatment on Workers’ Compensation?
Medical treatment through workers’ compensation insurance ends two years after the employer’s last payment for partial wages to the employee. This means that, even if you’re considered almost back to full health, you can still get treatment for your condition. This deadline is important to remember, as many employees don’t realize they can still get medical care.
What Happens if a Third Party Causes My Injury or Illness?
An injured worker can still collect workers’ compensation benefits if a third party caused the injury or illness. They can also file a legal claim against the third party, called a personal injury claim. The worker has 12 months after the injury to file their legal claim. In a trial case, any workers’ compensation benefits paid to you will be subtracted from any final compensation the third party has to pay.
Can I Choose My Own Doctor After Being Injured at Work?
While employers have to provide medical care for their employees, the employee can request their own doctor in writing. The Commission has to approve this. If the employee wants a second medical opinion, they have to request it in writing. The Commission will only allow a change of doctor or treatment if it believes that the change will help the worker recover or relieve symptoms.
Choose an Experienced Law Firm in North Carolina
North Carolina laws can be complex to follow, especially after suffering an injury or illness. Reach out to Roberts Law Firm, P.A., today to schedule your first appointment. Let us take care of the legal side of things so you can focus on rest and recovery.
