Key Takeaways

  • North Carolina requires workers' compensation for employers with 3 or more employees
  • The NC Industrial Commission oversees the workers' compensation system
  • Workers' compensation provides exclusive remedy for work-related injuries
  • Benefits include medical care, disability income, and death benefits
  • North Carolina has both private insurance and state fund options
Last updated: January 2026

North Carolina Workers' Compensation Insurance

North Carolina has a mandatory workers' compensation system with specific requirements.

Mandatory Coverage

North Carolina requires workers' compensation for most employers:

Coverage Requirements

Employer TypeRequirement
3+ employeesMANDATORY coverage
Fewer than 3Generally exempt
Domestic workersExempt
Farm laborExempt (10 or fewer employees)
Corporate officersCovered (may elect out)

Exam Tip: North Carolina requires workers' comp for employers with 3 OR MORE employees. This threshold is lower than some states.

Penalties for Non-Compliance

  • Misdemeanor criminal charges
  • Fines up to $100 per day
  • Personal liability for injuries
  • Stop work orders possible

NC Industrial Commission

The NC Industrial Commission oversees workers' compensation:

Industrial Commission Functions

FunctionDescription
Dispute ResolutionHear and decide claim disputes
Rule MakingAdopt rules and procedures
Rate ReviewReview and approve rates
ComplianceEnsure employer compliance
AppealsHear appeals from decisions

Dispute Process

  1. Claim filed with employer/insurer
  2. Mediation if dispute arises
  3. Deputy Commissioner hearing
  4. Full Commission review
  5. NC Court of Appeals (final appeal)

Obtaining Coverage

North Carolina employers have options for obtaining coverage:

Coverage Options

OptionDescription
Private InsurancePurchase from licensed insurer
Assigned Risk PoolFor employers unable to obtain coverage
Self-InsuranceLarge employers with IC approval
Group Self-InsuranceQualified employer groups

Workers' Compensation Benefits

North Carolina workers' comp provides these benefits:

Benefit Types

BenefitDescription
Medical CareAll reasonable and necessary treatment
Temporary Total Disability66 2/3% of wages (up to state max)
Temporary Partial Disability66 2/3% of wage difference
Permanent Partial DisabilityBased on impairment rating
Permanent Total DisabilityLifetime benefits for total disability
Death BenefitsTo dependents

Waiting Period

  • 7-day waiting period before income benefits begin
  • If disability exceeds 21 days, waiting period paid retroactively
  • Medical benefits begin immediately

Compensation Rates

BenefitRate
Income Benefits66 2/3% of Average Weekly Wage
Maximum Weekly BenefitSet annually by IC
Minimum Weekly BenefitSet annually by IC

Exclusive Remedy

Workers' compensation is the exclusive remedy:

What This Means

  • Employee cannot sue employer for negligence
  • Workers' comp benefits are sole remedy
  • Employer protected from tort liability
  • Trade-off: guaranteed benefits for no-fault system

Exceptions to Exclusive Remedy

  • Intentional torts by employer
  • Third-party liability (non-employer)
  • Dual capacity doctrine (limited)

Rate Regulation

North Carolina uses the NC Rate Bureau for workers' comp rates:

Rate Bureau Role

  • Files rates with NCDOI
  • Classification of risks
  • Experience rating
  • Loss cost development

Experience Modification

  • Large employers rated on their own loss experience
  • Modification factor adjusts premium
  • Good experience = lower premium
  • Poor experience = higher premium
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North Carolina Workers' Compensation System
Test Your Knowledge

How many employees must a North Carolina employer have before workers' compensation is mandatory?

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Test Your Knowledge

What agency oversees the North Carolina workers' compensation system?

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Test Your Knowledge

What is the waiting period before income benefits begin in North Carolina workers' comp?

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