Established in 1929 to administer the Workers’ Compensation Act, the Industrial Commission is a division of the N.C. Department of Commerce. The Commission’s operations are centrally located on the sixth floor of the Dobbs Building at 430 North Salisbury Street in downtown Raleigh, but Workers’ Compensation and Tort Hearings are held in all 100 counties of the state.

The Industrial Commission also is responsible for administering the Law-Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol Members’ Death Benefits Act, and the Childhood Vaccine Related Injury Act.

The Industrial Commission’s 150 employees adjudicate workers’ compensation claims as well as tort claims against the State. The Commission currently processes more than 63,000 workers’ compensation claims annually, orders more than 9,600 mediations, conducts more than 1,800 hearings, handles 500 appeals, and processes tens of thousands of motions, orders, and form approvals.

To obtain benefits, an employee or his representative must give the employer written notice of the accident within 30 days, or in instances of occupational disease (excepting asbestosis, silicosis, or lead poisoning) within 30 days of being advised by competent medical authority that the employee has the occupational disease, unless reasonable excuse is made for not giving notice and no prejudice results to the employer/carrier.

NOTICE should be given by providing a completed copy of the Commission’s Form 18 to the employer and the Commission. SUBJECT TO CERTAIN EXCEPTIONS, AN EMPLOYEE LOSES THE RIGHT TO CLAIM COMPENSATION UNLESS A CLAIM IS FILED WITH THE COMMISSION WITHIN TWO (2) YEARS AFTER THE ACCIDENT, OR IN CASES OF AN OCCUPATIONAL DISEASE, WITHIN TWO (2) YEARS AFTER DEATH, DISABILITY, OR DISABLEMENT AND BEING ADVISED BY COMPETENT MEDICAL AUTHORITY THAT THE EMPLOYEE HAS AN OCCUPATIONALLY RELATED DISEASE, whichever last occurs; provided, that if the injury is due to exposure to radiation, the two (2) year period runs from the time the employee suffered incapacity and knew or should have known that the disease or condition was caused by his employment.

A CLAIM should be filed by sending to the Commission a statement of claim, preferably on the Commission’s Form 18. COPIES should be sent to the employer or its insurance carrier. Claimants using informal statements will be asked to complete forms requiring information necessary to process the case.