North Carolina Workers' Compensation

The North Carolina Industrial Commission administers the North Carolina workers’ compensation program for the state. In North Carolina, employers with more than three workers must carry workers’ compensation insurance (domestic and agricultural business rules are slightly different).

Under the North Carolina workers’ compensation rules, if your employer does not receive written notice of your injury within 30 days, you may not be entitled to workers’ compensation. If your work-related injury is due to occupational illness, then the 30 days begins when your doctor informs you that he or she believes your illness is work-related. Your employer is required to give you a form to fill out (Form 18). It will require detailed information about your work-related injury and how and when it occurred. Fill out the form carefully and completely and return it to your employer. Make sure you get a copy of the form back from your employer with your employer or his representative’s signature on it. Your employer must advise you of its refusal to provide workers’ compensation for your injury or must begin payments for your injury within 14 days of notification of the injury.

North Carolina workers’ compensation statutes provide that if the injury causes total disability, the employee is entitled to 2/3 of his average weekly wage. The average weekly wage may become a source of dispute in cases where the employee often works overtime or is paid on a commission basis. If his total disability is permanent, he may receive compensation for the rest of his lifetime. If an injured employee is only able to return to work temporarily at a reduced rate and hours, the employee may be entitled to 2/3 of the difference between his average weekly wage before the injury and the wage he is able to earn after the injury for up to 300 weeks. The employee may begin receiving workers’ compensation seven days after his injury and if the injury continues for more than twenty-one days, the employee will receive benefits for the first seven days. If the employee is permanently partially disabled or suffers the loss of a body part listed by statute, the employee will be entitled to a set period of 2/3 of his average weekly wage. If the employee is killed as a result of a work-related injury, the employer will pay for burial expenses up to $3,500 and his dependents or next of kin will receive monetary benefits through the workers’ compensation program.

If you need our help with a workers’ compensation claim, call us at 1.800.556.8404.

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.