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

North Carolina workers' compensation is administered by the North Carolina Industrial Commission (NCIC) under N.C. Gen. Stat. Chapter 97.

1. Who Is Covered

Employers with 3 or more employees must carry workers' comp (N.C. Gen. Stat. § 97-2(1)).

Includes part-time, seasonal, and most migrant farm workers.

Sole proprietors, partners, and LLC members may opt out; corporate officers may opt out down to a minimum of 3.

2. Notice to Employer — 30 Days

Under N.C. Gen. Stat. § 97-22, give written notice to the employer within 30 days of the accident.

Failure may bar the claim unless the employer is not prejudiced or had actual knowledge.

3. Filing Deadline — 2 Years

File Form 18 (Notice of Accident to Employer) with the NCIC within 2 years of the date of injury (N.C. Gen. Stat. § 97-24).

For occupational disease: 2 years from disability and notice of work-relatedness.

4. Weekly Benefit Calculation

Temporary Total Disability (TTD): 66 2/3% of AWW (N.C. Gen. Stat. § 97-29).

2024 maximum TTD: $1,257/week (100% of SAWW); minimum: $30/week.

Temporary Partial Disability (TPD): 66 2/3% of the difference between pre- and post-injury AWW.

Permanent Partial Disability (PPD): scheduled weeks per body part at TTD rate.

5. Maximum Benefit Period

TTD: For injuries on or after June 24, 2011, TTD is capped at 500 weeks (N.C. Gen. Stat. § 97-29(b)). Extended TTD is possible for total loss of wage-earning capacity (97-29(c)).

PTD: For specific catastrophic injuries (paralysis, severe brain damage, etc.), lifetime benefits.

PPD scheduled losses: fixed weeks per body part (e.g., arm = 240 weeks).

6. Medical Treatment — Employer Directs

The employer/carrier selects the authorized treating physician (N.C. Gen. Stat. § 97-25).

Employee may petition the NCIC for a change of physician for good cause.

Emergency treatment by any provider is reimbursable.

7. Choice of Doctor

Restricted — employer-selected; change requires NCIC approval (Form 25T or motion).

8. Attorney Fees

Capped at 25% of the award under N.C. Gen. Stat. § 97-90; subject to NCIC approval.

9. Independent Medical Examination (IME)

Either party may request an IME for disputed issues (N.C. Gen. Stat. § 97-27).

10. Retaliation — REDA

The Retaliatory Employment Discrimination Act (REDA), N.C. Gen. Stat. § 95-241, prohibits retaliation for filing a workers' comp claim. Damages include back pay, reinstatement, and treble damages for willful violations.

This is legal information, not legal advice.