AI Insights Key Takeaways
- In North Carolina, report a work injury to your employer in writing within 30 days (N.C.G.S. § 97-22).
- Separately, you must file a claim (Form 18) with the North Carolina Industrial Commission within 2 years of the injury (§ 97-24) — giving 30-day notice alone does not preserve your claim.
- Workers' compensation is generally a no-fault system: you can receive medical and wage benefits without proving your employer was negligent.
- Schehr Law PLLC helps injured Charlotte workers pursue the benefits they're owed and appeal denied claims.
General information, not legal advice. Every case is different — talk to an attorney about yours.
M. Christopher Schehr, Esq. is an experienced workers compensation lawyer in Charlotte, NC, serving injured workers throughout North Carolina. If you were hurt on the job, you have legal rights — and Schehr Law PLLC is here to make sure those rights are protected. Call (704) 900-0336 today for a free consultation.
Workers compensation is a no-fault insurance system in North Carolina that provides benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment. While the system is designed to help injured workers, insurance companies and employers frequently dispute, delay, and deny legitimate claims. Having an experienced workers compensation lawyer in Charlotte, NC on your side can make all the difference.
What Is Workers Compensation in North Carolina?
In North Carolina, most employers with three or more employees are required to carry workers compensation insurance under the North Carolina Workers Compensation Act. This insurance provides benefits to employees who are injured on the job, regardless of who was at fault for the accident. Workers compensation benefits in North Carolina can include:
- Medical treatment — all reasonable and necessary medical expenses related to your work injury.
- Temporary total disability — wage replacement benefits if you are unable to work while recovering.
- Temporary partial disability — wage replacement if you can work but at reduced hours or pay.
- Permanent partial disability — compensation for permanent impairment to a body part.
- Permanent total disability — ongoing benefits if you are permanently unable to work.
- Vocational rehabilitation — job retraining if you cannot return to your previous occupation.
- Death benefits — compensation for surviving family members if a worker dies from a work-related injury.
Common Workplace Injuries We Handle
At Schehr Law PLLC our workers compensation lawyer in Charlotte, NC handles all types of work-related injuries, including:
- Construction accidents — falls, equipment injuries, scaffolding collapses.
- Warehouse and factory injuries — forklift accidents, machinery injuries, repetitive stress injuries.
- Truck driver injuries — accidents while driving for work.
- Slip and fall accidents on the job.
- Lifting injuries and back injuries.
- Occupational diseases and toxic exposure.
- Traumatic brain injuries, spinal cord injuries, burn injuries, and electrocution injuries.
If you were injured while performing your job duties in North Carolina, you may be entitled to workers compensation benefits regardless of how the accident happened.
What to Do After a Workplace Injury in North Carolina
1. Report your injury to your employer
You must report your workplace injury to your employer as soon as possible. In North Carolina you generally have 30 days to report a workplace injury — but the sooner the better. Failure to report promptly can jeopardize your claim.
2. Seek medical treatment
Get medical treatment immediately. In North Carolina, your employer or their insurance company has the right to direct your medical care and send you to an authorized treating physician.
3. File a claim with the NC Industrial Commission
A workers compensation claim in North Carolina is filed with the North Carolina Industrial Commission. There is a two-year statute of limitations to file a claim from the date of injury.
4. Contact a workers compensation lawyer
Before accepting any settlement or signing any documents, contact an experienced workers compensation lawyer in Charlotte, NC. Insurance companies are not on your side — they are focused on minimizing what they pay you.
Why Workers Compensation Claims Get Denied
Insurance companies deny workers compensation claims for many reasons, including:
- Claiming the injury did not happen at work.
- Arguing the injury was pre-existing.
- Disputing the severity of the injury.
- Claiming you failed to report the injury in time.
- Arguing you were under the influence of drugs or alcohol.
- Disputing your average weekly wage calculation.
If your claim has been denied, do not give up. An experienced workers compensation lawyer at Schehr Law PLLC can appeal the denial and fight for the benefits you deserve before the North Carolina Industrial Commission.
Workers Compensation vs. Personal Injury Claims
In some workplace injury cases you may be able to pursue both a workers compensation claim and a separate personal injury lawsuit against a third party. This is known as a third-party claim and can significantly increase your total recovery.
For example, if you were injured in a car accident while driving for work, you may be able to file a workers compensation claim with your employer and a personal injury claim against the at-fault driver. Similarly, if you were injured by defective equipment at work, you may have a products liability claim against the manufacturer. M. Christopher Schehr handles both workers compensation and personal injury claims and can evaluate whether you have a third-party claim that could maximize your total recovery.
Why Choose Schehr Law PLLC
At Schehr Law PLLC we understand how stressful a workplace injury can be. You are dealing with physical pain, medical bills, lost wages, and uncertainty about your future. Our workers compensation lawyer in Charlotte, NC is here to take that burden off your shoulders. Here is what sets us apart:
- Direct attorney access — you work directly with M. Christopher Schehr, not a paralegal or case manager.
- No fee unless we win — we handle workers compensation cases on a contingency fee basis.
- $10 million+ recovered — a proven track record of results for injured clients throughout North Carolina.
- Free consultations — call (704) 900-0336 to speak directly with Mr. Schehr about your case.
- 24/7 availability — when you call, he answers.
Frequently Asked Questions
Can I be fired for filing a workers compensation claim in North Carolina?
No. It is illegal for an employer to fire, demote, or retaliate against an employee for filing a workers compensation claim in North Carolina. If you have been retaliated against for filing a claim, contact Schehr Law PLLC immediately.
How long do I have to file a workers compensation claim in North Carolina?
You have two years from the date of your workplace injury to file a claim with the North Carolina Industrial Commission. However, you should report your injury to your employer within 30 days and contact an attorney as soon as possible.
How much does a workers compensation lawyer cost in North Carolina?
We handle workers compensation cases on a contingency fee basis — you pay nothing upfront and we only get paid if we recover compensation for you. There is no fee unless we win.
Can I choose my own doctor for a workers compensation injury in NC?
Initially your employer or their insurance company has the right to direct your medical care to an authorized treating physician. However, you have the right to request a second opinion, and under certain circumstances you may be able to change your treating physician.
What if my employer does not have workers compensation insurance?
If your employer was required to carry coverage but failed to, you may still recover benefits through the North Carolina Industrial Commission’s Uninsured Employers Fund. You may also be able to pursue a personal injury lawsuit directly against your employer.
Can I sue my employer for a workplace injury in North Carolina?
In most cases workers compensation is the exclusive remedy against your employer. However, if a third party — such as another driver, equipment manufacturer, or property owner — contributed to your injury, you may be able to pursue a separate personal injury lawsuit against that third party.
Contact a Workers Compensation Lawyer in Charlotte, NC Today
If you were injured at work in Charlotte or anywhere in North Carolina, Schehr Law PLLC is ready to fight for the full benefits you deserve. Contact us today at (704) 900-0336 for a free, no-obligation consultation with M. Christopher Schehr, Esq. When you call, he answers.