North Carolina Workers' Compensation: Deadlines, Benefits and How to File

In general, any employer that regularly employs three or more employees in North Carolina must have workers' compensation insurance or qualify as a self-insured employer. Corporate executive officers count as employees, so a corporation with two officers and one employee must have coverage. Any employer with one or more employees whose work involves the use or presence of radiation must have coverage. The Act does not apply to casual employees, domestic servants, federal government employees, most railroad employees, or farm laborers unless the employer regularly employs 10 or more full-time nonseasonal farm laborers; an exempt employer that buys a policy is covered while the policy is in force. Certain trucking owner-operators must be covered by the motor carrier if they lack their own coverage.

The injured employee must give the employer written notice of the accident immediately or as soon as practicable. No compensation is payable unless written notice is given within 30 days after the accident (or death), unless the Industrial Commission accepts a reasonable excuse and is satisfied the employer was not prejudiced. Compensation and doctor fees that accrue before notice may be denied unless the employer already knew of the accident or the worker was prevented from giving notice by incapacity or fraud.

The right to compensation is barred unless, within two years after the accident, a claim is filed with the Industrial Commission (usually on Form 18) or the employee is paid compensation; or, where only medical compensation has been paid and liability was not otherwise established, a claim is filed within two years after the last medical payment. For occupational diseases, the claim must be filed within two years after the employee has suffered death, disability or disablement and has been told by a competent medical authority that the disease is work-related. An employer's Form 19 report of injury is not a claim by the employee.

No wage-loss compensation is paid for the first seven calendar days of disability (medical care is still provided). If the disability lasts more than 21 days, compensation is paid from the first day of disability. Employers may let employees use paid sick leave, vacation or employer disability benefits during the first seven days.

Total disability compensation is 66 2/3% of the employee's average weekly wage, but not more than the annual maximum and not less than $30 per week. Temporary total disability is limited to 500 weeks from the first date of disability unless, after 425 weeks have passed, the employee proves a total loss of wage-earning capacity and qualifies for extended compensation.

The maximum weekly compensation rate is $1,446.00 for injuries in 2026 ($1,380.00 in 2025). The minimum is $30 per week. The maximum is set annually and applies according to the year of injury.

Medical compensation is provided by the employer. An employee may ask the employer in writing to authorize a second-opinion exam; if the request is denied or no provider is agreed on within 14 days, the employee can ask the Industrial Commission to order one. An employee may select a health care provider of his or her own choosing, subject to the Commission's approval, and must show the change is reasonably necessary to effect a cure, give relief, or lessen the period of disability. If the claim has been denied, the employer or carrier is not entitled to direct medical treatment and the employee may go to any provider (though an independent medical examination can still be required).

Permanent partial disability for listed body parts is paid under a statutory schedule at 66 2/3% of the average weekly wage for a set number of weeks (for example, 75 weeks for loss of a thumb, 45 weeks for an index finger), with partial loss of use paid proportionally based on a rating (the Industrial Commission publishes a rating guide). Scheduled benefits are paid in addition to compensation during the healing period and in place of other compensation for that loss. An employee who is totally disabled may receive total disability benefits as described above, including extended benefits beyond 500 weeks for a total loss of wage-earning capacity.

If a work injury or occupational disease causes death within six years (or within two years of the final determination of disability, if later), dependents receive weekly payments of 66 2/3% of the worker's average weekly wage, within the annual maximum and a $30 minimum, for 500 weeks from the date of death. Payments continue after 500 weeks for a surviving spouse unable to support himself or herself because of a disability (for life or until remarriage) and for a dependent child until age 18. Whole dependents share equally; partial dependents receive a proportional share. The employer also pays burial expenses up to $10,000.

Give the employer written notice of the accident, then file a claim with the Industrial Commission on Form 18 (Form 18B for lung disease). If the employer or carrier denies the claim (they file a Form 61), the employee may request a hearing before a Deputy Commissioner by filing a Form 33. Unrepresented workers can call the Commission's Information Specialists at 919-716-1700 or 800-688-8349 for help with procedures and forms (not legal advice).

A party may apply for review of a Deputy Commissioner's award by the Full Commission within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals on errors of law within 30 days from the date of the award or of receipt of notice of it; the Commission's findings of fact are otherwise conclusive.

North Carolina's Retaliatory Employment Discrimination Act (REDA) prohibits discrimination or retaliatory action against an employee who in good faith files or threatens to file a workers' compensation claim, or testifies or provides information in a workers' compensation matter. It is not a violation if the employer proves it would have taken the same action anyway. An employee must file a written complaint with the N.C. Commissioner of Labor (Department of Labor) within 180 days of the alleged violation.

Temporary total disability benefits are limited to 500 weeks from the date of first disability. A worker may apply for extended compensation beyond 500 weeks only after 425 weeks have passed since the first disability, and (unless the parties agree) must prove a total loss of wage-earning capacity, meaning the complete elimination of the capacity to earn any wages. Partial incapacity benefits are limited to 500 weeks of payments, and weeks paid for total disability count against that total. Lifetime benefits, including medical compensation, are available only for permanent total disability in listed catastrophic cases, such as the loss of both hands, arms, feet, legs or eyes (or any two of them), severe spinal cord injury, severe brain injury, or burns covering 33% or more of the body; in no other case is a worker eligible for lifetime permanent total disability compensation.

Workers' comp claims may be settled by agreement, but a copy of every settlement agreement must be filed by the employer with the North Carolina Industrial Commission and approved by it. The Commission may approve a settlement only if it finds the agreement fair and just, taking into account the interests of all parties and of any health plan that paid the worker's medical bills, and only if other statutory conditions are met; for example, the agreement must list the worker's known medical expenses related to the injury, including disputed ones, and state which the employer will pay, unless the employer agrees to pay all such expenses through the settlement date. Once approved, the settlement is final and cannot be reviewed or collaterally attacked, except that the Commission may set it aside if a party shows it resulted from fraud, misrepresentation, undue influence or mutual mistake.

In North Carolina, give your employer written notice of a work injury immediately, and no later than 30 days after the accident. To claim benefits, file Form 18 with the NC Industrial Commission within two years (G.S. 97-24(a)); the employer's or carrier's Form 19 does not count as filing your claim. Form 18 can be filed online through the Commission's Online Services Center, which also accepts document uploads and lists scheduled hearings. Unrepresented claimants can call the Commission's Information Specialists at 919-716-1700 or 800-688-8349 for help with procedures and forms (not legal advice). Main line 919-807-2501; mail 1240 Mail Service Center, Raleigh, NC 27699-1240.

All attorney fees in North Carolina workers' compensation cases are subject to approval by the Industrial Commission, and a request must be submitted for each fee. Taking any fee or gratuity without Commission approval, or soliciting workers' compensation clients, is a Class 1 misdemeanor. The Commission judges reasonableness using factors such as whether the fee is fixed or contingent and the customary fee for similar services, and its decision can be appealed to the full Commission and then superior court.

Generally no. If the employee and employer are subject to and have complied with the Workers' Compensation Act, the compensation it provides excludes all other rights and remedies of the employee and the employee's family against the employer for the injury or death. Exception: an employer that fails to secure required coverage is liable to the injured employee, at the employee's election, either for compensation under the Act or in a lawsuit at law.

Yes. A worker's right to compensation is not affected when a third party is liable for the injury. The employee has the exclusive right to sue the third party if proceedings are started within 12 months after the injury; after that, if the employer has admitted liability in writing, either the employee or the employer may proceed, with rights reverting to the employee 60 days before the limitations period ends. The recovery is paid out in order: court costs and litigation expenses, the attorney fee (up to one third), reimbursement of the employer's compensation and medical payments, then the rest to the employee; a superior court judge may adjust the amount of the employer's lien.

An employer that refuses or neglects to secure workers' compensation is liable to the injured employee, at the employee's choice, for compensation under the Act or for damages in a lawsuit. The Industrial Commission can assess a penalty of $1 per employee per day (minimum $20, maximum $100 per day) or an alternative penalty based on the cost of coverage plus 10%, and the employee's compensation is paid before penalties. Willful failure to insure is a Class H felony and neglect is a Class 1 misdemeanor, and any person with authority to bring the employer into compliance can face those charges and a civil penalty of up to 100% of the compensation due.

A claim must be filed with the Industrial Commission (or compensation paid) within two years after the accident; if only medical compensation has been paid, within two years after the last medical payment. A deputy commissioner's award may be reviewed by the Full Commission if application is made within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals for errors of law within 30 days from the date of the award or receipt of notice of it.