Charlotte Workers' Compensation Lawyer

Legally Reviewed by, Marcus Spake: Jan 28, 2026

Workplace injuries in Charlotte can happen in any industry, from construction sites and warehouses to office environments. When you’re injured on the job, medical bills quickly add up, paychecks stop, and uncertainty about your future can become overwhelming. North Carolina’s workers’ compensation system is designed to protect injured workers, but handling the claims process while recovering from an injury is often complex and stressful.

Marcus Spake, Of Counsel at Stewart Law Offices and a North Carolina Board Certified Workers’ Compensation attorney, will thoroughly investigate your claim and fight for your rights at every stage. At Stewart Law Offices, we are committed to helping you pursue the maximum compensation available under the law.

We proudly represent injured workers throughout Charlotte, Mecklenburg County, and surrounding areas. Contact us today to speak with one of our experienced workers’ compensation lawyers in Charlotte.

Do I Need a Workers’ Compensation Attorney?

Many people assume that they do not need an attorney to handle their workers’ comp claims only to have their applications denied. We advise that you have legal help right away so you can try to avoid possible denials or delays in the handling of your claim.

The first benefit of hiring a lawyer for your case is that the attorney can immediately conduct an independent investigation of your accident. This will not only help determine the cause of your accident and allow the attorney to collect relevant evidence, but it can also help identify all of the liable parties.

It is essential to keep in mind that employers are not always the only parties responsible for a victim’s injuries. In some cases, a third party may have contributed to or caused an accident. If so, you may be able to seek compensation through a personal injury claim with a  Charlotte personal injury lawyer.

As part of our regional WC practice, Marcus Spake—Of Counsel at Stewart Law Offices and an NC Board Certified Workers’ Compensation attorney—provides personalized representation backed by deep experience in workers’ compensation law, brings the advantage of having handled numerous claims and knowing exactly what it takes to submit a claim successfully. If your case involves hearings, he provides skilled legal representation during what can often be a highly stressful experience.

Workers’ Compensation Benefits

North Carolina law requires all businesses with three or more employees to carry workers’ compensation insurance. This insurance provides crucial protection for workers who suffer job-related injuries or develop occupational illnesses.

There are two main categories of benefits available under North Carolina’s workers’ compensation system:

Medical Bills

Workers’ compensation covers all reasonable and necessary medical care for work-related injuries or illnesses, including emergency care, surgery, tests (X-rays, MRIs, CT scans), medication, equipment, and therapy.

North Carolina uses directed medical care, meaning your employer/insurer provides an approved list of physicians, and you must initially choose from it. If dissatisfied, you can request a change of doctor. If denied, you can petition the North Carolina Industrial Commission (N.C. Gen. Stat. § 97-25).

Seeing an unapproved doctor without permission may result in out-of-pocket expenses. However, in emergency situations, seek immediate care at the nearest facility; workers’ comp should cover it regardless.

Disability Benefits Under Workers’ Compensation

Disability benefits compensate you for lost wages when your work injury prevents you from earning your regular income. North Carolina workers’ compensation provides several types of disability benefits, each designed for different situations:

• Temporary Total Disability (TTD): When you cannot work at all during recovery, you receive two-thirds (66 2/3%) of your average weekly wage before the injury. A seven-day waiting period applies; no payment for the first seven days unless disability lasts more than 21 days, in which case you receive retroactive payment for those initial days.
• Temporary Partial Disability (TPD): If you return to work in a reduced capacity with lower pay, TPD benefits pay two-thirds of the difference between your pre-injury wages and current reduced earnings.
• Permanent Partial Disability (PPD): After reaching maximum medical improvement with some permanent impairment, you receive compensation based on the severity and location of your injury. The North Carolina Industrial Commission schedule assigns specific values to body parts and impairments. Benefits are paid for a predetermined number of weeks
• Permanent Total Disability (PTD): For catastrophic injuries permanently preventing any gainful employment (e.g., paralysis, severe brain injuries, total blindness, loss of both hands/feet, or combinations eliminating work ability), you can receive lifetime benefits at your TTD rate.

According to the North Carolina Industrial Commission, the maximum weekly compensation rate increases annually. For 2024, the maximum weekly benefit is $1,330, increasing to $1,380 for 2025 and $1,446 for 2026. These maximums apply regardless of how high your actual pre-injury wages were.

Tips for Obtaining Workers’ Compensation Benefits Successfully

When you are injured in an accident on the job, your first step should be to get medical care and report the injury to your employer. If any co-workers or other people saw the accident, make sure that you know their names and phone numbers.

Take the following steps to ensure that you receive the maximum compensation that you are entitled to:

• Do not speak to anybody about your accident other than your attorney.
• Do not write about the accident or post social media status updates discussing the accident or your injuries.
• Hire an experienced workers’ comp lawyer before speaking to any of your employer’s insurance representatives.
• Do not talk to any insurance company without legal representation. You should refuse to provide a recorded statement without the advice of your attorney.
• You should prepare for possibly being requested to submit to an independent medical examination (IME), which is an evaluation performed by a company’s selected health professional. Make sure you contact a lawyer before agreeing to any IME, as these exams are usually intended to find reasons to deny or minimize workers’ compensation benefits.
• Be mindful of the fact that your activities could also be watched by private investigators working for your employer’s insurance carrier. The investigators will see if the activities you engage in outside the workplace indicate that your injuries are not as severe as you claimed.

Am I Eligible for Workers’ Compensation After a Workplace Accident in Charlotte, NC?

Not all workers necessarily qualify for workers’ compensation in North Carolina. To determine your eligibility, several factors must be considered, including the circumstances surrounding your injury and whether your employer carries workers’ compensation insurance.

You likely qualify for workers’ compensation if:

• You are classified as an employee. Independent contractors are not eligible for workers’ compensation, but some employers will misclassify employees as independent contractors to avoid issuing benefits, including workers’ comp. Discuss your situation with a lawyer if you think your employer may be misclassifying you, as you are still entitled to workers’ compensation if your duties legally make you an employee.
• Your private employer has at least three employees. While there are some limited exceptions, if your employer has at least three employees, investing in a workers’ compensation insurance policy is not optional.
• Your injury was work-related. Your injury must have arisen “out of and in the course of your employment,” which is another way of saying you must have sustained your injury while you were on the job. This includes injuries stemming from workplace accidents as well as occupational illnesses.
• You were not intoxicated or trying to hurt someone (including yourself) when the injury occurred. You can still get workers’ compensation even if an injury-causing accident was your fault, but you may be barred from receiving benefits if the incident was caused by your being intoxicated or attempting to harm yourself or another party.

Fault does not matter when determining workers’ compensation eligibility. You do not need to prove a workplace accident was the result of your employer’s or anyone else’s negligence, and you still may be able to get benefits even if the accident was partially or completely your fault.

If you are unsure whether you qualify, Elizabeth VonCannon, an attorney at Stewart Law Offices and a member of the North Carolina State Bar, will thoroughly investigate your workers’ compensation claim and fight for your rights at every stage. Our Charlotte workplace accident lawyers are committed to helping injured workers understand their options and pursue the benefits they deserve.

Questions Our Workers’ Comp Lawyers Are Frequently Asked

Visit Our Workers’ Compensation Attorneys in Charlotte

How to File Workers’ Compensation in Charlotte, NC 2026

Filing a workers’ compensation claim is similar to filing any other insurance claim. It is not a lawsuit against an employer, but rather a request for benefits.

The first step in filing a claim is to notify your employer. No matter how the employer learns of the incident, they must offer you a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits. Your employer should be able to supply you with the forms needed to file a claim. In fact, most states require the employer, doctors’ offices, and hospital emergency rooms to have the forms that start the process.

If they cannot, immediately contact your state Workers’ Compensation Office, which can be located on our site’s state government agencies page. When filling out the form complete only the “Employee” section. Be sure to SIGN and DATE the claim form. It is important that you keep a copy of the claim form for your records. Return the claim form to your employer. You may hand-deliver or mail it to your employer. If you choose to mail the claim form, we recommend you use the certified mail return receipt requested. It is important to file quickly because otherwise, you could be subject to delays in receiving your benefits.

Your employer should then complete the “Employer” section and forward the completed claim form to his workers’ compensation insurance company. Your employer should give you a copy of the completed claim form. You should request a copy from your employer in the event you do not receive one. Keep a copy for your records. Generally, the insurance company has fourteen (14) days to mail you a status letter about your claim. If you don’t receive this letter, you should call the insurance company.

How Long Do You Have to File a Workers’ Compensation Injury Claim?

• A person must report their injury to their employer within 30 days.
• The statute of limitations for a workers’ comp case is two years. Form 18 must be submitted within two years of the date of an injury, or the worker will lose their right to workers’ compensation.

What Benefits Can I Receive for Workplace Accident Injuries?

Workers’ compensation insurance covers all expenses related to your medical treatment, though you will not get to choose your doctor. You will also receive compensation for a portion of your lost income (2/3rds of your average weekly wages) as well as permanent disability, if applicable. Non-economic damages, such as pain and suffering, are not covered by workers’ compensation.

Keep in mind that your employer’s insurer is not on your side and will likely make every effort to minimize what you recover. Whenever possible, speak to a legal professional before you make any written or recorded statements to an insurance agent. Do not accept a proposed settlement without first discussing your case with an attorney. Our Charlotte workplace accident lawyers are familiar with the tactics some insurers use to unfairly deny or reduce benefits, and we will aggressively fight to get you the money you need and deserve.

Hear from a client who turned to Stewart Law Offices after a serious work-related hit-and-run injury that left her unable to work.

The North Carolina Workers’ Compensation System

North Carolina’s workers’ compensation system operates under specific rules and procedures administered by the North Carolina Industrial Commission (NCIC). 

The North Carolina Workers’ Compensation Act is a no-fault system. This means you don’t need to prove your employer was negligent to receive benefits. As long as your injury arose out of and in the course of your employment, you’re generally entitled to compensation regardless of fault.

This system provides prompt benefits to injured workers while protecting employers from unlimited lawsuit liability. In exchange for guaranteed benefits, employees generally give up the right to sue their employers for workplace injuries, which is known as the “exclusive remedy” doctrine

North Carolina law requires most employers with three or more employees to carry workers’ compensation insurance. Exemptions include agricultural employers with fewer than 10 regular employees, certain domestic workers, casual employees, and specific logging/sawmill operations. 

Important Deadlines

• You must notify your employer of your injury immediately or as soon as possible, and no later than 30 days after the injury. The 30-day deadline may only be excused by the Commission if there is no prejudice to the employer.
• File Form 18 (Notice of Accident and Claim) with the NCIC within two years of the injury date.
• For occupational diseases, file within 2 years of death, disability, or disablement (or the medical authority’s diagnosis/advice for notice).
• For death claims, file within two years of death.

Missing deadlines can permanently bar benefits; act promptly after a workplace injury.

Common Work-Related Injuries in Charlotte

Industries where workplace accidents are common include:

Common injuries related to workplace accidents include:

What to Do If My Claim Is Denied in Charlotte, NC?

Workers’ compensation claims are frequently denied for multiple reasons. Some of the most common reasons that claims are denied include failure to follow a doctor’s instructions, disputes about whether an injury was work-related, and lack of medical records. Your employer may assert that you were actually an independent contractor, not an employee, and reject your claim. Although fault is generally not an issue in workers’ comp, an employer may claim that the injured worker was intoxicated by alcohol or drugs or intentionally caused the injury.

The good news is that an initial denial of a workers’ compensation claim does not mean that a worker will be unable to obtain benefits. Injured workers often have several appeal options.

The North Carolina Industrial Commission (NCIC) will notify you within 14 days of your claim being denied, and you have 14 days from the date you receive your denial to file an appeal. The NCIC will typically schedule a mediation conference, at which an independent mediator will discuss your case with you and your employer’s insurance representative.

The mediator’s recommendation is forwarded to the NCIC, and an employee who disagrees with a mediator’s recommendation can request a hearing before an administrative law judge (ALJ). That hearing operates much like a trial, and an employee can then request a hearing before a panel of three ALJs if they disagree with the single ALJ decision.

Call To Speak With a Charlotte Workers’ Compensation Attorney

People who have been injured on the job usually have the right to compensation to cover their medical bills, lost wages, and other damages they have suffered. The workers’ compensation process in North Carolina can prove to be incredibly frustrating for many people, but you should know that you do not have to handle your claim by yourself.

Some people abandon hope after an initial denial but know that you have the right to appeal any denial of your benefits or an award that is less than the law says you deserve. Any initial oversights or errors can be corrected, and you can still seek the benefits you are entitled to. Let a Stewart Law Offices workplace accident lawyer review your case to seek all possible options. Contact us online or by phone for a free consultation!

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