How do I file a workers' compensation claim in North Carolina?

North Carolina's Workers' Compensation Act is codified at N.C. Gen. Stat. Chapter 97, administered by the NC Industrial Commission.

1. Coverage

Required for employers with 3 or more employees (N.C. Gen. Stat. § 97-2(1)). All employers with 1+ employee in radiation/asbestos work must carry coverage. Excluded: domestic servants, certain farm laborers (fewer than 10 full-time), federal employees, and qualifying independent contractors.

2. Notice to Employer

Written notice within 30 days of accident (§ 97-22). Late notice can be excused for good cause if no prejudice.

3. Claim Filing

File Form 18 (Notice of Accident and Claim of Employee) with the Industrial Commission within 2 years of injury (§ 97-24). For occupational disease, 2 years from disability and knowledge.

4. Benefits

Full medical coverage through authorized providers. Temporary Total Disability pays 66 2/3% of average weekly wage up to state max (about $1,372/week for 2026). TTD limited to 500 weeks under § 97-29 (extended permanent total available). PPD under § 97-31 schedule. Death benefits for 500 weeks plus $10,000 burial under § 97-38.

5. Independent Medical Exam (IME)

Carrier may require examination under § 97-27. Employee may also obtain a second opinion on permanent disability rating at carrier expense.

6. Choice of Doctor

Employer directs medical care by selecting the authorized treating physician (§ 97-25). Employee may petition the Commission for a change of physician.

7. Denied Claim / Appeal

Form 33 requests a hearing before a Deputy Commissioner. Appeal to the Full Commission within 15 days, then to the NC Court of Appeals (§ 97-86).

8. Third-Party Suit

Section 97-10.2 preserves third-party claims. Carrier holds a subrogation lien — court has equitable power to reduce the lien.

This is legal information, not legal advice.