When an employee is injured on the job, North Carolina law provides a limited period of time during which the injured employee can file a claim. After that period of time has passed, the statute of limitations operates to bar the employee from bringing the claim at any point in the future. In North Carolina, the general rule is that an employee's claim for compensation must be filed within two (2) years of the date of the accident. In addition to the basic statute of limitations, there is also a notice requirement. Under the North Carolina Workers' Compensation Act, injured employees must report the accident to their employers within thirty (30) days of receiving the injury. Although failure to provide notice will not prevent an employee from receiving compensation in all cases, it is a very important first step in receiving workers' compensation benefits.

For employees afflicted with occupational diseases, there is no single triggering occurrence. In those cases, the crucial date for the statute of limitations is the date that the employee is notified by a competent medical authority that he or she has the disease and that its cause is work-related. It is not the only important date, however, because an employee may be diagnosed with an occupational disease before suffering any disability from it. If the employee has not yet been harmed by the disease, the statute of limitations will not begin running until the date the employee suffers some kind of injury from the disease that creates a loss of wage-earning capacity. The claim with the Industrial Commission must be filed within two (2) years, and notice to the employer must be provided within 30 days, of the date when the employee has both been diagnosed with an occupational disease AND has suffered some disability from the disease.

If an employee has been diagnosed with asbestosis, silicosis, or lead poisoning, a showing of disablement is not required. The statute of limitations will begin running on the date that the employee is diagnosed with the disease by a competent medical authority and is informed of its work-related nature. Contact Everett Law Firm, P. A. located in Chapel Hill and serving the injured throughout North Carolina including Wake County, Orange County, Chatham County, Durham County, Person County, Alamance County, Caswell County and other areas around the Raleigh, Durham, Chapel Hill area.