If you’ve been injured at work in North Carolina, you may be entitled to workers’ compensation benefits. These benefits help cover medical expenses, lost wages, and support your recovery process without requiring you to prove fault. North Carolina’s workers’ compensation system operates under the North Carolina Workers’ Compensation Act and is managed by the North Carolina Industrial Commission (NCIC).
This page breaks down the most important things you should know about workers’ compensation in North Carolina, from coverage and benefits to the claims process and available legal help.
Who Is Covered Under North Carolina Workers’ Compensation?
Most employees in North Carolina are covered if their employer has three or more employees. This includes:
- Full-time and part-time employees
- Seasonal or temporary workers
- Minors
- Undocumented workers (generally covered under NC law)
Independent contractors are not usually covered unless they’re misclassified and meet the criteria for employee status. Certain railroad and federal employees are governed by different federal compensation laws.
What Injuries and Conditions Are Covered?
Workers’ compensation in North Carolina covers injuries and illnesses that happen as a direct result of your job. This includes:
- Falls, burns, and equipment-related injuries
- Exposure to harmful chemicals or environments
- Repetitive stress injuries like carpal tunnel
- Occupational illnesses such as hearing loss or respiratory disease
- Mental health issues caused by work-related trauma (if medically supported)
Your injury must arise in the course and scope of your employment. For example, getting injured on your lunch break off-site may not be covered unless it was a job-related errand.
The Claims Process: How to File for Workers’ Compensation in NC
Filing a claim for workers’ compensation in North Carolina involves several key steps:
- Report Your Injury Immediately: Notify your employer as soon as possible after the accident. You must give written notice within 30 days of the incident, even if you told them verbally.
- Seek Medical Treatment: Your employer or their insurer typically chooses the authorized treating doctor. If you want to switch doctors, you must request approval from the Industrial Commission.
- File a Claim With the NCIC:
- Complete Form 18 – Notice of Accident to Employer and Claim of Employee.
- Submit the form to the North Carolina Industrial Commission and give a copy to your employer.
- Employer Files Their Report: Your employer should file Form 19 with the NCIC within five days of learning about your injury.
Failing to report or file your claim in a timely manner can result in a loss of benefits.
Types of Workers’ Compensation Benefits in North Carolina
If your claim is approved, you may be eligible for the following types of benefits:
Medical Benefits
Your employer’s workers’ comp insurance must pay for all reasonable and necessary medical care related to your injury, including:
- Doctor visits
- Surgery
- Physical therapy
- Prescription medication
- Medical equipment
- Travel expenses for treatment (over 20 miles round-trip)
Always follow the treatment plan from your authorized doctor to avoid complications with your claim.
Temporary Total Disability (TTD)
If you cannot work due to your injury, you may receive TTD benefits:
- Equal to 66 2/3% of your average weekly wage
- Payments begin after a 7-day waiting period
- Retroactive to day one if you miss more than 21 days
Temporary Partial Disability (TPD)
If you return to work in a reduced capacity or earn less than before, you may receive TPD benefits to make up for the lost income.
Permanent Partial Disability (PPD)
If your injury results in permanent impairment, you may receive PPD based on the body part affected and the extent of the disability.
- Based on a schedule in the Workers’ Compensation Act
- Requires an evaluation and rating by your doctor
Vocational Rehabilitation
If you’re unable to return to your previous job, you may qualify for job retraining and placement services to help you get back to the workforce.
Death Benefits
If a worker dies due to a job-related injury or illness, their dependents may be entitled to:
- Weekly benefits (two-thirds of the deceased’s wages)
- Up to 500 weeks of compensation
- Funeral expenses (up to $10,000)
Returning to Work
North Carolina law encourages injured workers to return to suitable employment as soon as medically possible. This may involve:
- Modified job duties
- Transitional work
- Reduced hours
Your doctor must approve any job offered to you. If you refuse a suitable job offer, you may lose your wage replacement benefits.
Disputes and Appeals
If your claim is denied or you disagree with the benefits awarded, you can request a hearing before the North Carolina Industrial Commission. The dispute process includes:
- Mediation: Often required before a formal hearing
- Formal hearing: A judge hears testimony and reviews evidence
- Appeals: Can be filed to the Full Commission and then to state courts
Legal representation is strongly recommended during disputes to protect your rights and ensure a fair hearing.
Time Limits to File a Claim
There are strict deadlines in North Carolina:
- 30 days to notify your employer
- 2 years to file a claim with the NCIC (Form 18)
Missing a deadline can result in losing your right to benefits, so it’s critical to act quickly.
Legal Help for Injured Workers in North Carolina
A workplace injury can throw your life off balance. Fortunately, workers’ compensation laws are in place to help you recover physically and financially. Still, the system can be confusing and frustrating—especially if your employer disputes your injury or delays payment.
A North Carolina workers’ compensation lawyer can:
- Help you file paperwork correctly
- Represent you at mediation or hearings
- Negotiate for higher settlements
- Ensure you’re treated fairly by insurance companies
Many attorneys offer free consultations and only get paid if you win your case, so there’s no financial risk in reaching out for support.
Final Thoughts
Getting injured on the job is stressful, but you don’t have to face it alone. Understanding your rights and responsibilities under North Carolina’s workers’ compensation laws can make all the difference in getting the help you need. Don’t delay—report your injury, seek medical care, and reach out for legal help if anything goes wrong with your claim.