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North Carolina Workers' Compensation Laws

North Carolina's Workers' Compensation Act covers employers with 3 or more employees and is administered by the NC Industrial Commission (NCIC). Benefits are 66 2/3% of the employee's average weekly wage, up to $1,380/week maximum (2025). The system is no-fault, and contributory negligence is generally not a defense. Workers' compensation is the exclusive remedy — employees cannot sue their employer in civil court for workplace injuries.

Last verified: 2026-02-25

Statute of Limitations

Notice within 30 days; claim within 2 yearsN.C. Gen. Stat. §§ 97-22, 97-24

Written notice must be given to the employer within 30 days of the injury (or as soon as practicable). A formal claim (Form 18) must be filed with the NC Industrial Commission within 2 years of the date of injury.

Filing Requirements

Report to EmployerN.C. Gen. Stat. § 97-22

Written notice to the employer within 30 days of the injury or as soon as practicable.

File Claim (Form 18)N.C. Gen. Stat. § 97-24

File Form 18 (Employee's Notice of Accident) with the NC Industrial Commission within 2 years. No filing fee for workers' comp claims.

Key North Carolina Statutes

Employer Coverage (3+ Employees)N.C. Gen. Stat. § 97-2(1)

All employers with 3 or more employees must carry workers' compensation insurance. Exceptions include certain farm laborers, domestic servants, and casual employees.

Wage Replacement Benefits (TTD)N.C. Gen. Stat. § 97-29

Temporary total disability pays 66 2/3% of average weekly wage, maximum $1,380/week (2025), minimum $30/week. There is a 7-day waiting period; if disability exceeds 21 days, the waiting period is paid retroactively.

Schedule of Injuries (PPD)N.C. Gen. Stat. § 97-31

Permanent partial disability benefits are paid per a schedule: 200 weeks for loss of a leg, 240 weeks for an arm, 75 weeks for a thumb. Payment is the PPD rating percentage times the compensation rate times the scheduled weeks.

Exclusive RemedyN.C. Gen. Stat. § 97-10.2

Workers' compensation is the exclusive remedy against the employer. Exceptions: employer failed to carry insurance, injury caused by intentional act, or third-party claims against non-employers.

Defenses LimitedN.C. Gen. Stat. § 97-12

Contributory negligence is generally not a defense in workers' comp. Benefits may be reduced or barred only for willful intoxication, willful failure to use safety devices, or willful violation of safety rules.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Carolina.

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