Hurt at work in North Carolina? Deadlines, weekly benefit and how to file
Tell your employer in writing within 30 days. File your claim within 2 years.
Temporary total disability (TTD) compensation can pay two-thirds of your gross (before-tax) wages, up to $1,446 a week in 2026.
Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.
In North Carolina, temporary total disability pays part of your lost wages while your work injury keeps you from working. Your employer's insurance carrier (or a self-insured employer) handles the claim, and disputes are decided by deputy commissioners and the Full Commission of the North Carolina Industrial Commission.
Checked against official sources: October 31, 2026.
Deadlines are strict. If you are near one, call the state agency or free help today.
Free tools for North Carolina
Free tools that run in your browser. Nothing you enter is saved or sent until you download, copy or print a document.
Deadline helper
Benefit estimate calculator
This estimate uses the rule in North Carolina's data: a share of your average weekly wage, up to the state maximum.
Written notice to your employer
A letter that tells your employer, in writing, that you were hurt or made sick by your work.
Claim checklist: what to gather and do
A printable list of papers to keep and steps to take.
Deadlines in North Carolina
- Tell your employer
- 30 days
- File your claim
- 2 years
- Waiting period
No wage benefits are paid for the first 7 calendar days of disability. Medical care is paid from the start.
Weekly benefit in North Carolina
- What it pays
- Two-thirds of your gross (before-tax) wages
- Maximum
- $1,446 a week in 2026
- Minimum
- $30 a week in 2026
- Minimum rule
The weekly benefit is never less than $30 a week.
- Applies to
- Injuries in 2026 (the maximum for the year of injury applies for the whole claim)
Law: N.C. Gen. Stat. §§ 97-2(5), 97-29(a)-(c)
Source: ic.nc.gov
Who is your doctor in North Carolina?
- Who chooses
- Your employer or its insurer chooses
Your employer or its insurance carrier chooses the treating doctor and directs your medical care, subject to orders of the Industrial Commission. In an emergency, if the employer does not provide care, the Commission can order the employer to pay a doctor you called.
You can ask the Industrial Commission to approve a doctor of your own choosing or to order a change of doctor or treatment. You must show the change is reasonably necessary to cure you, give relief, or shorten your disability; first ask in writing. You may also ask your employer in writing for a second-opinion exam; if it refuses or you cannot agree on a doctor within 14 days, you can ask the Commission to order one. If your claim is denied, you may go to any doctor you choose.
Law: N.C. Gen. Stat. § 97-25
Source: ic.nc.gov
Who is covered in North Carolina
- Size of employer
In general, any employer that regularly employs 3 or more employees in North Carolina must carry workers' compensation insurance or be approved to self-insure. Corporate officers count as employees for this purpose.
- Special rules
- Work involving radiation: Employers with one or more employees whose work involves the use or presence of radiation must have coverage.
- Farm labor: Farm laborers are not covered unless the employer regularly employs 10 or more full-time, non-seasonal farm laborers.
- Trucking owner-operators: Certain trucking owner-operators must be covered even if they are independent contractors; if the owner-operator has no coverage, the motor carrier must provide it, whatever the number of employees. Owner-operators individually licensed by the U.S. DOT who drive the vehicle themselves are an exception.
- Not covered
- Employers that regularly have fewer than 3 employees (unless they buy coverage anyway)
- Casual employees
- Domestic servants (household workers)
- Farm laborers, when fewer than 10 full-time non-seasonal farm laborers are regularly employed
- Sole proprietors, partners and LLC members, unless they choose coverage for themselves
- People who sell farm products for producers on commission
- Federal government employees and railroad employees are covered by federal law, sometimes in addition to state law
- Contractors
Principal contractors must get a certificate of coverage from subcontractors; if a subcontractor has no coverage, the contractor above it can be responsible for injuries to the subcontractor's workers. You can report employee misclassification to the Industrial Commission's Criminal Investigations and Employee Classification Division (919-716-1733).
- If your employer has no insurance
An employer that must have coverage but does not is still responsible for your benefits: you can claim workers' compensation from that employer at the Industrial Commission or sue it in court, at your choice. The Commission also fines uninsured employers. You can report an uninsured employer to the Commission at fraudcomplaints@ic.nc.gov or 888-891-4895.
Law: N.C. Gen. Stat. §§ 97-13, 97-19, 97-19.1, 97-94
Source: ic.nc.gov
If your claim is denied or delayed in North Carolina
- First step
If the carrier denies your claim, you can call the Commission's Information Specialists (free; they explain procedures and forms but cannot give legal advice).
Fired or punished for filing in North Carolina
No one may fire, discriminate or retaliate against you because you, in good faith, filed or threatened to file a workers' compensation claim, started a proceeding, or testified or gave information about one.
- The law
- Retaliatory Employment Discrimination Act (REDA), N.C. Gen. Stat. §§ 95-240 to 95-245
- What you may get
If the case goes to court, you can get your job back (or an equal job), your benefits and seniority restored, and lost wages and other money losses (tripled if the violation was willful), plus reasonable costs and attorney fees.
- Where to file
File a written complaint with the North Carolina Department of Labor (Commissioner of Labor), online, by mail or by e-mail. You can sue in superior court only after the Department gives you a right-to-sue letter; you then have 90 days to file.
- Deadline
Within 180 days of the retaliation.
Law: N.C. Gen. Stat. §§ 95-241(a)(1)a., 95-242(a), 95-243
Source: labor.nc.gov
Lawyers' fees and other benefits in North Carolina
The Industrial Commission must approve every attorney fee in a workers' compensation case. An approved fee is taken out of your compensation and paid directly to your attorney by the employer or carrier. Taking a fee the Commission has not approved is a crime.
North Carolina workers' compensation also pays medical care, temporary partial disability, permanent partial disability for lasting impairment (with a right to one second opinion on the rating), vocational rehabilitation, mileage for medical trips of 20 miles or more round trip, death benefits for up to 500 weeks, and up to $10,000 for funeral expenses.
Free help in North Carolina
State agency
North Carolina Industrial Commission
- Phone
- 1-800-688-8349
- Address
- 1240 Mail Service Center, Raleigh, NC 27699-1240
Free help
- Industrial Commission Information Specialists (help with procedures and forms; no legal advice) · 1-800-688-8349
- N.C. Department of Labor, Retaliatory Employment Discrimination Bureau · 1-800-625-2267
- North Carolina Bar Association Lawyer Referral Service (mention workers' compensation) · 1-800-662-7660
- LawHelp.org
Good to know in North Carolina
- Your employer's injury report is not your claim; you must file your own Form 18 with the Industrial Commission within 2 years.
- Your right to medical care ends 2 years after the last medical or wage payment unless you apply for more medical care before then (NCIC Bulletin; G.S. 97-25.1).
- If your claim is denied, you may see any doctor you choose, but the employer can still ask for an independent medical exam.
Changes in 2024–2026
The maximum weekly benefit rose to $1,446 for 2026 injuries (from $1,380 in 2025 and $1,330 in 2024). Session Law 2026-14 (ratified June 11, 2026) raises the minimum weekly benefit from $30 to $50 and raises some fixed dollar amounts in the schedule of injuries (for example, the most the Commission can award for loss of or damage to an important organ not listed elsewhere goes from $20,000 to $40,000), for claims arising on or after July 1, 2027.
Questions about workers' comp in North Carolina
How long do I have to tell my employer about a work injury in North Carolina?
Tell your employer about the accident right away, in writing. The law says written notice must be given immediately or as soon as practicable, and no later than 30 days after the accident.
How long do I have to file a workers' comp claim in North Carolina?
You must file your own claim with the Industrial Commission, usually on Form 18, within 2 years after the accident.
How much does workers' comp pay in North Carolina?
Temporary total disability (TTD) compensation can pay two-thirds of your gross (before-tax) wages, up to $1,446 a week in 2026.
Can I choose my own doctor for a work injury in North Carolina?
Your employer or its insurance carrier chooses the treating doctor and directs your medical care, subject to orders of the Industrial Commission.
Can my employer fire me for filing a workers' comp claim in North Carolina?
No one may fire, discriminate or retaliate against you because you, in good faith, filed or threatened to file a workers' compensation claim, started a proceeding, or testified or gave information about one.
What if my workers' comp claim is denied in North Carolina?
If the carrier denies your claim, you can call the Commission's Information Specialists (free; they explain procedures and forms but cannot give legal advice).
Not about a work injury?
Not about a work injury? Unpaid wages → Wage Claim Map · Hurt in a car crash → Accident Claim Map · A medical bill → Medical Bill Map · Unemployment benefits → Unemployment Claim Map · Other problems → robinclaim.com
Nearby states
Sources
- NCIC: Injured Workers
- NCIC: Workers' Compensation Bulletin
- NCIC: Maximum Weekly Compensation Rates 1982-2026
- NCIC: Forms
- NCIC Form 18
- NCIC Form 33
- NCIC Insurance Coverage Search
- N.C. General Statutes Chapter 97 (official, ncleg.gov)
- N.C. General Statutes Chapter 95, Article 21 (REDA)
- NCDOL: Retaliatory Employment Discrimination Bureau