An injury at work can be a life-changing experience for the victim, and it is natural for any injured worker to have many pressing legal questions with respect to their recovery options. One of the most important considerations is how long to get a workers’ comp check.
The answer can vary with several factors. Claims for severe injuries can take much longer to process than those for simple injuries. For severe injuries, you may have to wait until your doctor has a more thorough understanding of your recovery timeline before your claim is processed.
Hire a Workers Compensation Lawyer
In North Carolina, workers’ compensation insurance is a requirement for almost every employer in the state, and while the claim filing process might appear straightforward, there are many unexpected issues that might arise with your impending claim.
When you hire a workers’ compensation lawyer from Ayers, Ayers & Dressler, our team can help you navigate the often complicated claim process. We’ve helped clients obtain compensation for over 40 years.
Occupational Injuries and Illnesses in North Carolina
During 2024, according to the U.S. Bureau of Labor Statistics, there were 16,900 occupational injury or illness cases in the state and local government sector of North Carolina. There were also 64,200 occupational injury or illness cases within the private industry sector. Of these cases:
- 20,700 required days away from work
- 14,900 required a job transfer or restrictions
If you need to file a workers’ compensation claim in North Carolina, you do not do so through the civil court. Workers’ compensation claims are handled by Deputy Commissioners through the North Carolina Industrial Commission (NCIC).
Qualifying for Workers’ Compensation in North Carolina
Any employer in North Carolina with three or more employees is required to offer workers’ compensation insurance to their employees. Workers’ compensation offers benefits to employees who experience work-related injuries or illnesses.
To be covered by workers’ compensation benefits, you must meet four requirements:
- You are an employee.
- Your employer offers workers’ compensation insurance.
- Your injury or illness is work-related.
- You must report the injury or illness and file your claim within the required deadline.
Filing Your Workers’ Compensation Claim in North Carolina
An experienced North Carolina workers’ compensation attorney is an invaluable asset for the complex proceedings ahead of you. Filing a claim for workers’ compensation benefits after any injury on the job is similar to the process of filing any other insurance claim.
However, you face the added complexity of your employer’s involvement in the claim filing process. You could also encounter problems with their insurance carrier.
Report Any Injuries and Get Claim-Filing Materials Right Away
You should report your injury right away so you can obtain the materials you need to file your claim. Workers’ compensation insurance carriers are required to deliver a determination of benefits within 21 days of the claim’s filing.
The insurance company starts with a settlement check for the first seven days that the claimant was unable to work due to their injury, and they will provide details for the medical expense coverage they provide.
Medical Evaluation by Designated Doctor Is Part of Every Claim
As part of the claim filing process, you will likely need to undergo a medical evaluation to determine your level of disability from your injury. The higher your disability rating, the more you can receive in benefits.
An experienced workers’ compensation attorney can guide you through the preliminary steps you must complete to file your claim, help you with the filing, and be ready to address any unexpected complications you encounter.
How to Resolve Late Payment of Workers’ Compensation Benefits
If 21 days have passed since you filed your workers’ compensation claim and you still have not received a settlement check, your workers’ compensation lawyer can provide guidance and support as you attempt to resolve the issue.
You are entitled not only to your benefits but also to receive a late payment penalty. Having an attorney’s help can make it easier to collect your late benefits and associated penalties as quickly as possible.
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Under state law, as soon as an insurance company is 14 days late in remitting payment of workers’ compensation benefits, the claimant is entitled to receive a 10% late payment penalty. Securing this penalty payment requires filing a complaint with the NCIC.
If you believe an insurance company has handled your claim in bad faith beyond their lateness with your payment, your workers’ compensation attorney can help resolve this problem as well. The NCIC is likely to get involved, and the insurance company may not only owe you your benefits but also additional damages to reflect any actions taken in bad faith.
The attorneys at Ayers, Ayers & Dressler regularly help clients with their workers’ compensation claims, and unfortunately many injured workers face unfair delays when they are expecting their benefits.
Hiring an experienced workers’ compensation attorney at the outset of your claim is one of the most effective ways to minimize your risk of encountering such behavior.
Workers’ Compensation Settlement Benefits in North Carolina
Once the full extent of your injuries or illness has become evident, your doctor can issue a determination of your maximum medical improvement (MMI). This document states that you have recovered as fully as possible from your injuries.
An MMI does not mean that you have returned to your pre-injury state. Instead, it says that you are unlikely to recover any further, even if you are still in pain or have not recovered full mobility.
If your MMI shows that you have a permanent disability, have permanent work restrictions, or the need for medical treatment in the future, the insurance company may offer a settlement offer to cover these future expenses. There are two main types of settlement offers:
- A compromise settlement agreement, also known as a clincher, provides a one-time settlement offer amount paid as either a lump sum or in installments. With this agreement, you cannot seek additional compensation in the future.
- An NCIC Form 26A agreement offers partial compensation depending on your impairment rating. This agreement does not provide benefits for future medical needs, but you retain the option to request further medical treatment for two years from the agreement date.
The time it takes to reach a settlement agreement can vary widely with the specifics of each case, but once an agreement has been signed, it is sent to the NCIC for approval. The NCIC reviews the agreement and sends an approval to the person filing the claim.
Once the approval has been sent, the insurance company has 10 days to issue payment. If the payment is not made within 14 days after the payment was originally due, then an additional 10% late payment penalty is applied.
FAQs
How Long Does It Take to Get a Workers’ Compensation Settlement Check in North Carolina?
Generally, most workers’ compensation claims in North Carolina will begin receiving their benefits 21 days after they have been injured, beginning with compensation for the first seven days of work they missed due to their injury.
If you are waiting beyond this period, your workers’ compensation attorney can contact your employer’s insurance company for you to investigate the delay.
What Is the Workers’ Compensation Rate for 2026?
When you receive disability benefits as part of your workers’ compensation settlement, you can generally expect about two-thirds of your average weekly wages each week in a total disability benefits determination.
However, there is a cap on weekly benefits that adjusts each year to account for inflation. In 2026, the maximum weekly benefits a claimant can receive is $1,446.
How Long Does Workers’ Compensation Benefits Last in North Carolina?
Workers’ compensation benefits in North Carolina can continue until you are able to return to work at your previous earning capacity. For most claimants, disability benefits can continue for up to 500 weeks, but some claimants can qualify for extensions if they have suffered catastrophic injuries.
If you receive total disability benefits, these may transition to partial disability benefits if you recover enough to assume light duty, which does not earn as much as your previous job.
Why Should I Hire a Workers’ Compensation Attorney?
While not legally required, hiring an attorney to help with your claim can significantly improve your chances of success, and you are more likely to obtain full benefits with their help as well.
Your attorney can assist you with filing your claim, resolving any issues you encounter with your employer and/or their insurance carrier, and helping you obtain your benefits.
How Much Does It Cost to Hire a Workers’ Compensation Attorney?
The team at Ayers, Ayers & Dressler does not charge upfront or ongoing attorneys’ fees for representation in workers’ compensation cases. We take workers’ compensation claims on a contingency fee basis, which means our client only pays a fee to our firm after we have won compensation on their behalf. If we cannot obtain a recovery for you, there is no fee at all.
Contact Ayers, Ayers & Dressler
The workers’ compensation claim filing process could be more challenging than you expect at first, but the right North Carolina workers’ compensation attorney on your side can streamline your claim filing process and help you recover the benefits you’re legally owed. Contact Ayers, Ayers & Dressler today to schedule a free consultation with a workers’ compensation lawyer you can trust with your case.
