If you’ve been injured on the job in North Carolina, you may be wondering: How long does a workers’ comp case take? Recovering from a work-related injury is stressful enough without dealing with delays and uncertainty about when you will receive compensation.
Unfortunately, workers’ compensation cases don’t follow a one-size-fits-all timeline. The time it takes to settle depends on several factors, including the severity of your injury, the complexity of your case, and whether your claim is disputed.
Understanding how the process works can help you prepare for what’s ahead and avoid common pitfalls that could delay your claim.
Understanding the Workers’ Compensation Process in North Carolina
Workers’ compensation is a system designed to provide medical benefits and wage replacement to employees who suffer job-related injuries. In North Carolina, the North Carolina Industrial Commission (NCIC) oversees workers’ comp claims and helps injured employees receive their entitled benefits.
After a workplace injury, you must follow certain steps to secure compensation. First, you must report your injury to your employer within 30 days of the accident. Your employer should then file a claim with their insurance company, and the insurer will investigate the claim before deciding whether to approve or deny benefits. If the claim is approved, you will receive medical treatment and wage replacement benefits while recovering.
While some cases move quickly, others take months—or even years—to resolve.
Types of Workers’ Compensation Settlements in North Carolina
When resolving a workers’ compensation case in North Carolina, injured workers typically have two main settlement options. Each has different implications for future benefits and medical care, making it essential to understand how they work before making a decision.
Compromise Settlement Agreement (CSA)
A Compromise Settlement Agreement (CSA) provides the injured worker with a lump-sum payment in exchange for closing the case. In most cases, accepting a CSA means forfeiting the right to future workers’ compensation benefits, including medical coverage and disability payments.
This type of settlement offers financial certainty and allows workers to move forward without continued involvement in the workers’ compensation system. However, because it closes the case permanently, injured workers should ensure that the settlement amount is sufficient to cover any future medical expenses or lost income.
Form 26A Settlement
A Form 26A settlement applies to cases involving permanent partial disability (PPD). When a worker has reached Maximum Medical Improvement (MMI) and receives a permanent disability rating, this settlement type outlines the compensation they will receive based on that rating.
Unlike a CSA, a Form 26A settlement does not necessarily waive future medical benefits, meaning workers may still receive treatment for their injury under workers’ compensation. This type of settlement is often a good option for those who require continued medical care but have a defined level of permanent impairment.
Choosing the Right Settlement
Deciding between a CSA and a Form 26A settlement depends on several factors, including the severity of the injury, the need for ongoing medical treatment, and financial considerations. While a CSA provides immediate financial relief and closure, a Form 26A settlement ensures continued medical benefits for those who may need future care. Before agreeing to a settlement, consulting with a workers’ compensation attorney is essential to ensure that the chosen option meets both short-term and long-term financial and medical needs.
Factors Affecting How Long a Workers’ Comp Case Takes
Understanding the factors that impact your workers’ compensation claim can help you better understand how long it takes to settle a workers’ comp case.
Severity of the Injury
The extent of your injury plays a major role in how long your case takes. Minor injuries that heal quickly may lead to a faster resolution, while severe injuries requiring surgery, rehabilitation, or long-term care often extend the timeline.
Medical Treatment and Maximum Medical Improvement (MMI)
A critical point in any workers’ comp case is reaching Maximum Medical Improvement (MMI). MMI means your doctor has determined that your condition has stabilized, and further medical treatment is unlikely to improve your condition significantly.
Disputes Over Work-Related Injury
Sometimes, an employer or insurance company may dispute the claim by arguing that the injury was not work-related or that the employee failed to report it properly. When disputes arise, additional legal steps, such as hearings before the NCIC, may be required, which add months—or even years—to the process.
Typical Timeline for a Workers’ Comp Settlement in NC
After your injury, you must notify your employer within 30 days and complete Form 18 to officially file your workers’ compensation claim. Your employer’s insurance company will then begin investigating your case.
The insurance company usually has 14 days to approve or deny your claim, but in some cases, it can take longer. If the insurer denies your claim, you can request a hearing before the NCIC, extending the process by several months.
Once you reach MMI, your attorney will begin negotiating a settlement with the insurance company. If both parties agree on compensation, the settlement is submitted to the NCIC for approval. Mediation or a formal hearing may be required if negotiations stall, which can further delay the process.
Once a settlement is approved, it typically takes 2–4 weeks for the injured worker to receive payment. If ongoing medical treatment is included in the settlement, those payments may continue over time.
Contact a North Carolina Workers’ Compensation Lawyer at Mehta & McConnell, PLLC
So, how long does a workers’ comp case take to settle? The timeline varies, but most cases take several months to over a year, depending on medical treatment, disputes, and settlement negotiations. While frustrating, it’s important to go through the entire process to secure benefits that account for your medical treatment and lost wages.
If you have been injured at work in North Carolina and are concerned about your claim, contact Mehta & McConnell Injury Lawyers. We have years of combined experience helping injured workers navigate the challenges of North Carolina’s workers’ compensation system. Schedule a consultation today to learn how we can help you get the benefits you need.
Jason McConnell
Jason McConnell is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. In his free time he enjoys playing golf, cooking, traveling and following the UNC Tar Heels and Carolina Panthers.
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