NC Workers' Comp Benefits

The North Carolina Workers’ Compensation Act outlines the benefits payable to an employee who is injured on the job. The injury may be related to an accident or an occupational illness. Workers’ compensation benefits are outlined by law in each state. Here are some of the specifics related to North Carolina workers’ compensation claims:


  1. If you miss work, you will not be paid for the first 7 days missed UNLESS you miss more than 21 days. At that point, you would be paid for the first 7 days.
  2. Payments are typically made on a weekly basis.
  3. The payment amount is set at 66 2/3% of your average weekly wage, not to exceed the cap set by North Carolina ($862 for 2012). The minimum average weekly wage is set at $30.
  4. Workers’ compensation payments may continue until the employee is released to return to work.
  5. If the employee is unable to return to work once maximum medical improvement is reached, partial or total disability payments may be made to the employee.
  6. If the employee is able to work but unable to return to the same job, he or she is eligible for assistance through the North Carolina Division of Vocational Rehabilitation Services.

With a simple injury that heals within a few weeks, and where the employee is able to return to the same job at the same rate of pay, the process is fairly simple. It becomes more complex when the injured worker is, for some reason, refused care, or when the injured worker is unable to return to work. In situations involving occupational illness, workers’ compensation insurers may claim the illness is not work related, causing the employee to have to prove that it is. Cases may also become complicated when a third-party is responsible for your injury. If you have been injured on the job in Raleigh, Durham, Fayetteville, Charlotte or elsewhere in North Carolina and believe you are not receiving the workers’ compensation benefits you deserve, you should consult with a North Carolina workers’ compensation attorney. Contact Merritt Webb for a free initial consultation.

Not Legal Advice: Merritt Webb provides the information on this website as a public service. This website offers general information about the law only and hence is not intended to be, nor can it be, actual legal advice on any specific matter for any particular person. The use of information on this website or any link connected to this website or any form offered by this website cannot be taken as establishing any contractual, de facto, implied or other form of attorney-client privilege or relationship between Merritt Webb and the reader or user of this information, links, forms or documents found herein. Merritt Webb does not guarantee such forms, links, documents and information. Merritt Webb can only be responsible for the use of such information, forms or documents if they have been provided by Merritt Webb pursuant to an attorney client relationship between it and the user.

No guarantee as to currency of information: Due to how quickly the law can change without advance notice, the information contained in this website is not and cannot be guaranteed always to be completely up-to-date. We try to keep it current with frequent updates and review, but that is not always possible on a day-to-day basis.

No attorney-client relationship: No one can establish an attorney-client relationship with Merritt Webb merely by the use of this website or by sending or receiving information through this site or using any forms herein. Nor is any general information or document found on this website or sent to Merritt Webb unsolicited through this website considered privileged or confidential. An attorney-client relationship with Merritt Webb can be established ONLY by an express and written agreement signed by a Merritt Webb attorney to represent you.

Website responsibility: The attorneys responsible for this site are Joy Rhyne Webb (NC), 2525 Meridian Parkway, Suite 300, Durham, NC 27713 and Heather Caruso (SC, TN), 8910 Two Notch Road, Suite 400, Columbia, SC 29223.