North Carolina Workers Compensation Benefits [2025 Updated]

When you are injured on the job, it can be difficult to understand North Carolina workers’ compensation benefits. It is essential that you file the proper paperwork and adhere to the timeline requirements to secure benefits, like medical and financial assistance for lost wages. If you’re struggling to understand how the system works, this article serves as a guide to the updated 2025 North Carolina workers’ compensation laws.

How Do Workers Compensation Benefits Work in North Carolina?

Workers’ compensation benefits in North Carolina are set up to protect employees and employers as a no-fault system. These benefits include reimbursement for medical expenses, lost wages, and vocational rehabilitation. More specifically, these insurance benefits can cover medical treatment procedures, income lost during recovery, and retraining for employees who cannot return to their pre-injury job.

Workers’ comp benefits are overseen by the North Carolina Industrial Commission. This department enforces the laws defined under the Workers’ Compensation Act, set forth in Chapter 97 of the North Carolina General Statutes. Under this law, when an injury occurs at a place of employment, the worker must report their injury as soon as possible. They must provide written notice to their employer within 30 days, unless their employer already knew of the accident.

What to Expect

Your employer or their insurer must make the first installment of payment within 14 days of the written notice or actual notice provided to them, provided they have admitted liability. In most cases, you will receive weekly payments unless otherwise indicated. There is a seven-day waiting period before you can receive lost wage benefits. If your disability covers more than 21 days, the waiting period will then be paid to you.

NC workers’ comp pays 66.66% of the average weekly wage rate of the injured worker. There is a maximum weekly cap, however, that is set by the Industrial Commission. This maximum amount increases yearly and is based on the consumer price index. North Carolina’s 2025 maximum workers’ comp payment is $1,380 per week.

When to Hire a Workers’ Compensation Lawyer

North Carolina does not require workers to have a workers’ compensation attorney to receive benefits. However, it is advisable to hire a workers’ compensation lawyer, especially in any of the following situations:

• The injury was severe.
• The claim was denied.
• Neither the employer nor the insurance company responded within the 14-day required timeframe.
• There is a dispute over the liability of the employer, and the employer is believed to have intentionally caused harm or practiced gross negligence to cause the injury.
• The employer did not carry workers’ comp insurance.
• You don’t believe you’ll get a fair settlement.

If you believe your employer is liable for intentional personal injury, a North Carolina workers’ compensation lawyer can help you navigate the process of gathering evidence, if necessary, to prove the liability of your employer. Ultimately, a good attorney will protect your rights and, in most workers’ compensation cases, optimize the case outcome.

In a typical workers’ compensation case, a lawyer can assist in the overall process of compensation. This includes navigating the proceedings of filing for benefits, gathering and submitting evidence, and safeguarding you from the shady tactics of corporate insurance companies.

It is important to understand that it is your right to file a claim for benefits after a workplace injury. If you were injured at work, you are not alone. In 2023, the US Bureau of Labor Statistics counted 68,600 injuries and illnesses in the workplace reported by private-industry employers in North Carolina that were non-fatal.

If you were injured on the job, don’t suffer in silence. Talk to a North Carolina workers’ compensation benefits lawyer and get the help you need to get the compensation you rightfully deserve.

Why Choose Us?

The Law Office of Michael D. Cleaves, PLLC, takes every workers’ compensation client we represent very seriously. Our belief in a worker’s right to receive benefits for injuries they received while on the job drives us, and we protect these rights fiercely. We have over 20 years of experience representing workers’ comp clients, assisting them with filing their claims, and getting them the compensation they deserve. We understand the process and what it takes to win.

FAQs

How Does Workers’ Compensation Work in NC?

The workers’ compensation system in North Carolina is a no-fault system that covers medical costs and wage loss that workers incur due to work-related injuries or illnesses. One of the fundamental requirements of a workers’ compensation claim is the notification of the employer and the employer’s acceptance of liability. Once these conditions are met, the NC Workers’ Compensation Act outlines a timely schedule for payments of benefits to injured workers.

How Much Does Workers’ Comp Pay in NC?

NC workers’ comp pays 66.66% of an injured worker’s average weekly wage. The 2025 maximum weekly cap is $1,380, regardless of how much the employee averaged per week. The number of weeks an injured worker can receive benefits depends on their injury. For example, workers who lose a thumb are eligible for 75 weeks of workers’ compensation, whereas the loss of a hand warrants a 200-week benefit period.

What Are the Three Main Requirements to Obtain Workers’ Compensation?

There are three main requirements a workplace injury must include in order for a worker to receive workers’ compensation benefits. The first one is that a work-related injury or illness occurred. The second requirement is that the injured employee provide written notice to their employer within 30 days of the injury. The third requirement is that the employer or their insurance provider amended liability or denied the claim within 14 days.

Who Is Exempt From Workers’ Compensation in NC?

In North Carolina, certain groups are exempt from receiving workers’ compensation benefits. Some exempt groups include certain railroad workers who are covered under federal law, domestic servants who are employed directly by the household, small farm laborers, and casual laborers who do not engage in regular business operations.

Additionally, federal employees and commission-based agricultural sellers—as well as those roles classified as independent contractors—are ineligible for workers’ compensation insurance benefits.

An Aggressive North Carolina Worker’s Compensation Benefits Lawyer

The Law Office of Michael D. Cleaves, PLLC, has helped countless clients with their workers’ compensation cases and can help you with yours as well. Contact our office to schedule a consultation to discuss your workers’ compensation benefits claim.