At Rudisill, White & Kaplan, workers’ compensation defense is all we do. Our experienced team provides workers’ compensation insurance defense for North Carolina employers and their insurance companies.
Over the years, we have remained nimble and client-focused. This allows us to build strong, ongoing relationships with many of our clients while representing them before the North Carolina Industrial Commission, Court of Appeals and the Supreme Court, as well as in mediation. Workers’ compensation can be complex, and we strive to educate and empower our clients to effectively manage workers’ compensation claims.
North Carolina Industrial Commission forms (PDF version)
Official website of the North Carolina Industrial Commission.
Maximum compensation rates utilized by the Industrial Commission since 1982
North Carolina General Statutes relating to workers’ compensation law (including Chapter 97, Workers’ Compensation Act)
Various rules of the Industrial Commission (including Rules for Workers’ Compensation Claims)
Searchable databases for court decisions in the area of workers’ compensation law
Official website of the North Carolina Employment Security Commission
Official website of the North Carolina Department of Insurance
Official website of the United States Department of Labor, Occupational Safety & Health Administration
In many cases, valid workers’ compensation claims in North Carolina are denied because the injured worker did not give timely notice to their employer. North Carolina law requires workers injured on the job to provide their employers with notice of their injuries within 30 days. Notice should be given to a supervisor either verbally or in writing, and may be given by the employee's spouse, doctor, or other third parties. If the injured worker fails to provide this notice, then their workers' compensation is lost.
North Carolina has a time limit for filing a workers' compensation claim (which is separate from the deadline for providing notice of the injury) known as the statute of limitations. North Carolina’s statute of limitations for workers’ compensation claims is two years, which begins on the date that the worker was injured. If the injured worker fails to file a workers' compensation claim within this time period, then they lose their right to pursue their claim.
Not all injuries are caused by working conditions. In some cases, workers may be injured on the job by their own actions. Injuries that they cause to themselves are not actionable under North Carolina's workers' compensation laws.
In order to claim a work-related injury, there must be a causal link to the claimant's employment. One of the more common defenses to workers' compensation claims is that the worker's injury was not related to their employment activities.
In some cases, injured workers will claim their injuries prevent them from returning to work. If their actions or medical records suggest otherwise, they may be forced to return to work and their workers' compensation benefits may be minimized.