Understanding NC Workers’ Compensation Laws

📌 Key Takeaways:

• Most NC employers with 3+ workers must carry workers’ compensation insurance.
• Workers’ comp is a no-fault system, meaning you don’t need to prove employer negligence.
• Employees may qualify for benefits like medical coverage, wage replacement, disability payments, and vocational rehab.
• Families of deceased workers may receive death benefits and funeral expense coverage.
• Injured workers must report injuries within 30 days and file a claim within two years.
• Employers must maintain insurance and report injuries or face penalties.
• Disputes often arise over eligibility, medical treatment, or benefit amounts.
• Workers can pursue third-party claims against others (like subcontractors) who contributed to their injuries.
• Kornbluth Ginsberg Law Group, P.A. helps workers navigate disputes, meet deadlines, and secure rightful compensation.

Every year, thousands of North Carolina workers suffer on-the-job injuries. Not only can workplace injuries cause intense pain, but treating them is also expensive, particularly when a hurt employee must also miss work for treatment.

Many injured workers do not fully understand North Carolina’s workers’ compensation laws, which prevents them from claiming their rightful benefits from their employers.

At Kornbluth Ginsberg Law Group, P.A., our workplace injury attorneys use our deep knowledge of NC workers’ compensation laws to fight for your rights and help you claim the resources you need to heal. Our workers’ compensation lawyers have 100 years of combined experience. Let us put our knowledge and resources to work for you. We will not let your employer or the insurance company push you around.

Call us 24/7 at 919-980-9895 or complete our contact form for a free consultation with a North Carolina workers’ compensation attorney at Kornbluth Ginsberg. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We are ready to help you understand your legal options.

What Are the Key Workers’ Comp Laws in North Carolina?

Under North Carolina law, most businesses with three or more employees must carry workers’ compensation insurance. The coverage applies to full-time, part-time, and seasonal workers. However, some employees do not qualify for benefits, such as farm laborers, domestic workers, and independent contractors.

Workers’ compensation in North Carolina is a no-fault insurance system. In other words, you do not need to prove that your employer did anything wrong to qualify for benefits. If you suffer an injury at work, develop an illness related to your job, or someone injures you while you are performing your job duties, you may file a claim. In return, the law prevents you from suing your employer directly for a workplace injury in most situations.

However, if someone other than your employer contributed to your injury, such as a negligent subcontractor, third-party motorist, or equipment manufacturer, you may pursue a third-party claim against them. Third-party personal injury claims require you to prove fault but let you seek compensation for losses that workers’ comp benefits do not cover, such as the full extent of your lost income, your pain and suffering, and your damaged property.

Knowing who qualifies for workers’ comp benefits and how the system works can help you protect your rights if you are dealing with a work-related injury or illness. Talk to our workers’ compensation lawyers now if you have questions about the law or your rights.

Employee Rights Under NC Workers’ Compensation Laws

Injured employees in North Carolina who qualify for workers’ comp can receive substantial financial benefits, including:

• Medical bills – Workers’ comp pays for the full cost of all reasonable, medically necessary treatments related to covered workplace injuries or occupational illnesses. Medical benefits cover the full cost of doctor visits, hospital stays, surgery, prescription medications, and ongoing rehabilitation, for example. They also provide mileage reimbursement for travel to and from medical appointments.
• Partial wage replacement – If you cannot work while you recover, you may receive temporary total disability (TTD) payments equal to two-thirds of your average weekly wage, subject to state-mandated limits. If you return to work but earn less because of limitations due to your covered condition, you may qualify for temporary partial disability (TPD) payments.
• Permanent partial disability compensation – When a work-related injury causes a lasting impairment, you may receive permanent partial disability (PPD) payments based on a rating assigned by your doctor and the part of your body that was injured.
• Permanent total disability compensation – If your injury meets the requirements, you could receive two-thirds of your average weekly wage (up to the statewide cap) for life in permanent total disability (PTD) compensation.
• Vocational rehabilitation – If you cannot return to your previous job, you may receive training, education, and job-placement services to help you reenter the workforce in a different role.
• Death benefits – When a worker dies from a job-related injury or occupational illness, their dependents can receive weekly payments equal to two-thirds of the worker’s average weekly wage (up to the statewide cap) for up to 500 weeks, along with up to $10,000 in funeral expenses.

You must meet the required deadlines to protect your workers’ compensation benefits. Report your on-the-job injury to your employer within 30 days and file a claim with the North Carolina Industrial Commission within two years. If a third party caused your injury, you generally have three years to file a personal injury lawsuit against them.

Employer Responsibilities Under NC Workers’ Comp Laws

Employers in North Carolina must follow strict workers’ compensation rules. When an employee reports a workplace injury, the employer must file a report with the North Carolina Industrial Commission and their workers’ comp insurance carrier. Employers also have a duty to provide a safe workplace by following state and federal safety standards.

Employers who fail to maintain their required workers’ compensation insurance coverage or ignore their reporting duties could face serious consequences. Penalties may include daily fines, liability for an injured employee’s medical bills, and possible criminal charges for willful violations.

Common Challenges & Disputes in NC Workers’ Compensation Claims

North Carolina’s workers’ compensation laws are complicated, and your employer and their insurer could fight your claim. For example, your employer or their insurance company might deny that your injury is work-related, or they might argue that you waited too long to report it. They might also disagree with you or your doctor about what medical treatment you need or whether you can return to work. In some cases, disagreements arise about disability ratings or the amount of wage-replacement benefits you should receive.

Such disputes can delay your benefits and add unnecessary stress during your recovery. Remember, you have the right to challenge claim denials or benefit reductions through the North Carolina Industrial Commission. Talk to an attorney from Kornbluth Ginsberg immediately if your employer denies your claim, says you do not qualify for workers’ compensation, or downplays your injuries.

Why Work with a Workers’ Comp Law Firm in North Carolina?

You need guidance from someone who understands how the North Carolina workers’ compensation system works. Our local attorneys with experience in workers’ comp can explain your rights, help you meet strict deadlines, and represent you if your claim is denied, undervalued, or disputed. Furthermore, working with a lawyer familiar with the Industrial Commission and its procedures can give you an advantage when dealing with your employer and their insurer while pursuing your legally mandated benefits.

Contact Our Durham, NC, Workers’ Comp Law Firm Now for Assistance

Do not let your employer and their insurance company push you around after an on-the-job injury or deny you the benefits you are entitled to. Call Kornbluth Ginsberg 24/7 at 919-980-9895 or complete our contact form for a free consultation with a workers’ compensation attorney at our law firm.