Quick Answer
If you were hurt at work in Winston-Salem or Forsyth County, a workers' compensation claim is usually the first legal path to review. Vasquez Law Firm has no office in Winston-Salem. The firm helps by phone and video. A qualifying case gets a free first conversation.
- Report the injury to your employer in writing right away, and no later than 30 days after the accident.
- The Industrial Commission says a claim is filed on Form 18.
- A two-year statute of limitations applies to workers' compensation claims.
- After a denial, a hearing can be requested by filing Form 33.
- Phone 1-844-967-3536 and choose English or Spanish.
Introduction
A line worker feels a pop in her shoulder lifting a tray. A hospital aide is shoved by an upset visitor. A warehouse driver slips on a wet loading dock. Each of them leaves the shift hurt and unsure what to do next.
This page is for people hurt on the job in Winston-Salem and across Forsyth County. It explains the North Carolina workers' compensation process in plain language. Some kinds of claims fall outside its scope.
If you are searching for a winston-salem workers' compensation lawyer, start with the basics below. Then call and ask about your own dates, forms and records. Small details often change the answer.
The Firm Has No Winston-Salem Office
Vasquez Law Firm does not have an office in Winston-Salem. The firm helps Winston-Salem and Forsyth County workers by phone and video. You can speak with attorney William J. Vásquez and the bilingual staff, in English or Spanish, from your home or your recovery bed.
Workers' compensation consultations are not held in person. If you want to see the person you are talking to, ask for a video call, and staff will book a time.
Much of a workers' compensation claim is paper. Forms, medical notes, work restrictions and letters from an insurer can be sent by phone or email. Video calls cover the rest. The firm can tell you which steps need no trip.
Distance does not change the law. A claim from a Winston-Salem job site is still a North Carolina claim, handled under the same Industrial Commission rules.
The firm takes workers' compensation claims built on a work injury in North Carolina. Wage fights, discrimination, retaliation, wrongful termination, federal employee claims and Florida claims are outside what it handles.
What Workers' Compensation Covers in Forsyth County
Workers' compensation is the North Carolina system for injuries and illnesses that happen because of work. These claims are overseen by the state agency at ic.nc.gov, the North Carolina Industrial Commission.
The Commission says that, in general, businesses employing three or more employees on a regular basis are covered by the Workers' Compensation Act. Certain groups are exempt. Whether your employer is covered is a fact question worth asking a lawyer.
The Triad has a varied job market. Healthcare, manufacturing, warehousing, trucking, food service and construction all employ large numbers of people. The injuries differ, but the process starts the same way.
Workers who want a local overview can read the firm's workers' compensation page. It explains the practice area across North Carolina.
Common Work Injuries and Workplace Assault
People call about many kinds of work injuries. Back strain from lifting is common in distribution and care work. Falls, cuts, burns and crush injuries happen in plants and on job sites. Repetitive motion injuries build up over months.
You can read more about workplace injuries on the firm's site. If you are looking for a winston-salem work injury lawyer, a winston-salem work injury attorney, a winston-salem work accident lawyer or a winston-salem work accident attorney, the first steps are the same. Report, get care and keep records.
Some injuries come from violence at work. A nurse, a security guard, a store clerk or a driver may be assaulted by a customer, a patient or a coworker. People in that spot often search for a workplace assault lawyer winston-salem offers, to learn whether the event fits the workers' compensation system. A lawyer can review that question.
That answer depends on the facts. How the assault connects to the job, where it happened and who was involved all matter. Keep any police report or incident report, and write down the names of witnesses.
In our experience, a common pattern is a worker who tells a supervisor about the pain by word of mouth only. Months later, the employer says it never heard about the injury. A short written note with a date prevents that argument.
A disease that develops from the job follows a separate notice rule. The Industrial Commission says the 30 days for notice run from when the employee is told of the disease by competent medical authority.
Immigration Status and Workers' Compensation
Many workers in Forsyth County ask whether they can file at all if they lack work papers. This is the question behind searches for a winston-salem undocumented workers compensation lawyer.
In North Carolina, workers' compensation generally covers employees regardless of immigration status. A worker hurt on the job may still have a claim. The Workers' Compensation Act defines an employee to include aliens, whether lawfully or unlawfully employed (N.C. Gen. Stat. § 97-2(2)), so confirm your own situation with a lawyer.
No outcome can be promised. Whether you were an employee, whether your employer was covered, and how the injury happened still decide the claim.
Your immigration status is private. Share it with your lawyer, not with an insurance adjuster. Do not give false documents or false statements to anyone, and ask a lawyer before you answer questions about your work history.
The firm also handles immigration matters, so it can look at both sides of your situation. You can read the firm's workers' compensation overview online.
Reporting the Injury, Medical Care and Form 18
The Industrial Commission says an injured worker should give written notice to the employer immediately or as soon thereafter as practicable. It cites N.C. Gen. Stat. § 97-22 for this rule.
The same page says notice must be given no later than 30 days after the accident, or compensation may not be payable. Aim to report long before day 30.
The Commission also says an employee can file a workers' compensation claim by completing and filing a Form 18. An employer filing its own paperwork does not replace this step. According to the Commission, a Form 19 sent in by the employer is not your claim being filed.
A time limit applies too. The Commission describes a two-year statute of limitations for these claims and cites N.C. Gen. Stat. § 97-24 for accident claims. A lawyer can match the limit to your calendar.
On treatment, the Commission says the employer or its insurance company provides and directs medical treatment, under N.C. Gen. Stat. § 97-25, subject to Commission orders. Check before booking a doctor yourself.
The Commission also says an employee who travels 20 miles or more round trip for authorized treatment may be reimbursed. The request is made on a Form 25T. Keep a mileage log.
For lost wages, the Commission describes total disability benefits as two-thirds of the employee's average weekly wage, up to a maximum weekly rate. It adds that, under N.C. Gen. Stat. § 97-28, no compensation is due for the first seven days of lost time unless the disability lasts more than 21 days. Ask a lawyer how these rules apply to you.
If the Claim Is Denied: Form 33
Employers and insurers sometimes deny a claim. A letter of denial may not close the door.
For a denied claim, the Commission explains that a Form 33 asks for a hearing in front of a Deputy Commissioner. A lawyer can tell you whether that fits your facts. You can also read about denied workers' compensation claims.
It adds that once a claim is denied, you can see any health care provider you pick. Even so, the employer or its carrier can ask for an independent medical exam.
If you are looking for workers comp lawyers in winston salem nc because a claim was denied, bring every letter, form and message you received. They record what the insurer told you and on which date.
If payments stop, the Commission says to call the carrier or administrator first. If that fails, a motion can go to the Executive Secretary's Office.
Answer any letter that sets a reply date. A missed reply window can be hard to undo.
Checklist: What You Need
- The date, time and place of the injury, with the name of the Winston-Salem employer or job site.
- The name of your supervisor and of anyone who saw the accident or heard you report it.
- A record of when and how you gave written notice, and a copy of what you wrote.
- Medical records, discharge papers, work notes, prescriptions and any work restrictions.
- Pictures of the work area, the machines and your injuries, taken only if it is safe.
- Letters, emails or texts from your employer or its insurer, and any form you signed.
- A police report or incident report, if the injury came from an assault.
- Your pay stubs or a note of your usual hours and pay.
- A list of missed work days and mileage to medical visits.
- A short list of what you want to ask, ready before you dial.
Timeline and Process
Here is a simple map of a Forsyth County claim. It reflects only steps and limits the Industrial Commission publishes. Real cases can differ, so check your dates with a lawyer.
| Stage | What happens | Who acts |
|---|---|---|
| Tell the employer | Put it in writing right away. The Commission sets an outer limit of 30 days after the accident. | You, the injured worker |
| Treatment | The employer or its insurer arranges and directs care, within Commission orders. | You, the employer and the insurer |
| Start the claim | Form 18 is completed and sent to the Industrial Commission. | You or your lawyer |
| Time limit | Two years is the statute of limitations the Commission describes. | You or your lawyer |
| After a denial | Form 33 asks for a hearing in front of a Deputy Commissioner. | You or your lawyer |
| Payments not made | Contact the carrier first. A motion to the Executive Secretary's Office is the next step. | You or your lawyer |
The Commission pages used here do not state a set length for any stage. On your call, ask what the pace may look like for your claim.
Cost Factors
People often ask about cost before they call. No prices appear on this page. Fees are discussed on the call, once the firm has heard your facts.
Write your money questions down first. Ask what the firm needs from you, what a denial would change, and how updates reach you.
| Item | Amount | Notes |
|---|---|---|
| First consultation | Ask on the call | Free when the case qualifies. Ask the firm to confirm for your claim. |
| Attorney fees | Ask on the call | Ask how the firm sets its fee and when payment is due. |
| Case expenses | Ask on the call | Ask what out-of-pocket items can appear, for example record requests. |
| Medical bills | Ask on the call | Ask who pays for care tied to the work injury. |
| Travel to meetings | None | Workers' compensation meetings are by phone and video. |
Common Mistakes to Avoid
- Telling a supervisor only by word of mouth. The Industrial Commission asks for written notice.
- Waiting past the 30 day notice limit.
- Believing the employer's filing is your claim. The Commission says the employee files Form 18.
- Letting the two-year limit slip by.
- Agreeing to a recorded statement with an adjuster before you know where you stand.
- Skipping medical visits or ignoring the work limits your doctor sets.
- Throwing away texts, photos, bills or letters tied to the injury.
- Posting about the injury or your activity on social media.
- Accepting a denial without asking whether Form 33 fits.
- Staying silent because of worry about immigration status, without first asking a lawyer.
When to Contact Vasquez Law Firm
Call early if you were hurt at work in Winston-Salem or elsewhere in North Carolina. This matters most if your employer has not reported the injury, the insurer has denied the claim, or you are unsure which form to file.
Other good reasons to call include pain that keeps getting worse, a doctor who has limited your duties, or pressure to return before you feel ready. Any of these is a fair reason to talk through your options.
You can reach the firm by phone or video from Forsyth County. Call 1-844-967-3536. For more on the firm's work, see the Raleigh workers' compensation page.
About Vasquez Law Firm
Vasquez Law Firm is led by attorney William J. Vásquez. It has no office in Winston-Salem, and workers' compensation consultations are held by phone and video only.
Anyone in North Carolina can get workers' compensation guidance by phone or video. Call 1-844-967-3536. Phones are answered weekdays 8am to 7pm and Saturday 9am to 2pm. The firm's offices are at 4426 Louisburg Road, Suite 206, Raleigh, NC 27616 and 612 South Brightleaf Boulevard, Smithfield, NC 27577.
English and Spanish are both spoken on the firm's calls. A qualifying case gets a free first conversation.
Frequently Asked Questions
What should I do first after a work injury in Winston-Salem?
Get checked by a doctor, then write to your employer about the injury at once. The Commission's outer limit for notice is 30 days after the accident.
Does the firm have an office in Winston-Salem?
No. The firm helps Winston-Salem and Forsyth County workers by phone and video. Workers' compensation consultations are not held in person. Call 1-844-967-3536.
How do I start a workers' compensation claim in North Carolina?
Per the Industrial Commission, the employee completes and files Form 18. A lawyer can help you fill it out and keep a copy.
What is the time limit for a Winston-Salem work injury claim?
The Commission describes a two-year statute of limitations for these claims. A lawyer can match that limit to your dates.
Can an undocumented worker file a workers' compensation claim in North Carolina?
North Carolina workers' compensation generally covers employees regardless of immigration status. Whether it applies to you depends on your facts, so ask a lawyer. No result can be promised.
Who chooses my doctor?
The Commission says the employer or its insurer provides and directs treatment, under its orders. Talk to a lawyer before choosing your own doctor.
Is a denied claim over for good?
The Commission says you can ask for a hearing before a Deputy Commissioner using Form 33. Show each denial letter to a lawyer.
Can I bring a claim if I was assaulted at work?
It can be reviewed. The answer depends on how the assault relates to your job, where it happened and what your employer knew. Describe the events to a lawyer and keep any police or incident report.
What happens if my employer has no workers' compensation insurance?
The Industrial Commission says a non-insured employer can be reported to its Criminal Investigations and Employee Classification Division. Ask a lawyer what other options you may have.
Can I talk to the firm in Spanish if I live near Winston-Salem?
Yes. The firm works in English and Spanish, by phone and video. A qualifying case gets a free first conversation. Call 1-844-967-3536.
Sources and References
- North Carolina Industrial Commission: Injured Workers
- North Carolina Industrial Commission: Frequently Asked Questions
- North Carolina Industrial Commission: Employers
- North Carolina Industrial Commission: Forms
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