The North Carolina workers compensation act — formally the North Carolina North Carolina Workers’ Compensation Act, found at North Carolina General Statutes Chapter 97, Article 1 (N.C. Gen. Stat. § 97-1 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the North Carolina workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
North Carolina at a Glance
| Official name | North Carolina Workers’ Compensation Act |
| Where it lives | North Carolina General Statutes Chapter 97, Article 1 (N.C. Gen. Stat. § 97-1 et seq.) |
| First enacted | 1929 |
| Reporting deadline | Written notice to the employer within 30 days of the accident, under N.C. Gen. Stat. § 97-22. A late notice may still be accepted if there is a reasonable excuse and the employer was not prejudiced. |
| Filing deadline | The claim must be filed with the Industrial Commission within 2 years of the accident, under N.C. Gen. Stat. § 97-24. Occupational disease timing is in § 97-58. Confirm your own deadline with the Commission and a licensed attorney. |
| Exclusive remedy | N.C. Gen. Stat. § 97-10.1 makes workers’ comp the exclusive remedy against the employer. The main exception comes from court decisions, not the statute: the Woodson v. Rowland (1991) exception for employer misconduct the employer knew was “substantially certain” to cause serious injury or death. Claims against outside third parties are preserved by § 97-10.2. |
In This North Carolina Guide:
What the North Carolina Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The North Carolina workers compensation act dates to 1929. It lives at North Carolina General Statutes Chapter 97, Article 1 (N.C. Gen.
Stat. § 97-1 et seq.), and the official text is linked in the sources. The 3-or-more-employee threshold in § 97-2(1) also counts part-time workers who are regularly employed. Disfigurement and organ-loss awards have their own separate caps under § 97-31(21)–(24). Retaliation claims go to the NC Department of Labor under REDA, not to the Industrial Commission. Confirm specifics with the Industrial Commission and a licensed attorney.
Who the North Carolina Workers Compensation Act Covers
N.C. Gen. Stat. § 97-93 requires employers to buy insurance or qualify as self-insured. Under § 97-2(1), an “employer” generally means one with 3 or more employees regularly employed in the same business, and the radiation-exposure exception covers employers with even 1 such employee. N.C. Gen.
Stat. § 97-13 excludes casual employees, domestic servants, farm laborers where fewer than 10 full-time non-seasonal farm laborers are regularly employed, federal government employment, and certain railroad employment. Employers below the § 97-2(1) 3-employee threshold also fall outside the Act.
Deadlines in the North Carolina Workers Compensation Act
Waiting period: N.C. Gen. Stat. § 97-28. No compensation is paid for the first 7 calendar days of disability. If the disability lasts more than 21 days, those first 7 days are paid back from day one.. Wage-loss rate: N.C. Gen. Stat. § 97-29 sets temporary total disability at 66 2/3% of the average weekly wage.
The weekly maximum is tied to the state average weekly wage and changes every year, so check the Industrial Commission’s current-year rate table..
North Carolina Workers Compensation Act: Key Sections at a Glance
The sections of the North Carolina workers compensation act that decide most cases, each with its citation:
| Coverage mandate | N.C. Gen. Stat. § 97-93 requires employers to buy insurance or qualify as self-insured. Under § 97-2(1), an “employer” generally means one with 3 or more employees regularly employed in the same business, and the radiation-exposure exception covers employers with even 1 such employee. |
| Exemptions | N.C. Gen. Stat. § 97-13 excludes casual employees, domestic servants, farm laborers where fewer than 10 full-time non-seasonal farm laborers are regularly employed, federal government employment, and certain railroad employment. Employers below the § 97-2(1) 3-employee threshold also fall outside the Act. |
| Report an injury | Written notice to the employer within 30 days of the accident, under N.C. Gen. Stat. § 97-22. A late notice may still be accepted if there is a reasonable excuse and the employer was not prejudiced. |
| File a claim | The claim must be filed with the Industrial Commission within 2 years of the accident, under N.C. Gen. Stat. § 97-24. Occupational disease timing is in § 97-58. Confirm your own deadline with the Commission and a licensed attorney. |
| Waiting period | N.C. Gen. Stat. § 97-28. No compensation is paid for the first 7 calendar days of disability. If the disability lasts more than 21 days, those first 7 days are paid back from day one. |
| Wage-loss rate | N.C. Gen. Stat. § 97-29 sets temporary total disability at 66 2/3% of the average weekly wage. The weekly maximum is tied to the state average weekly wage and changes every year, so check the Industrial Commission’s current-year rate table. |
| Exclusive remedy | N.C. Gen. Stat. § 97-10.1 makes workers’ comp the exclusive remedy against the employer. The main exception comes from court decisions, not the statute: the Woodson v. Rowland (1991) exception for employer misconduct the employer knew was “substantially certain” to cause serious injury or death. Claims against outside third parties are preserved by § 97-10.2. |
| Retaliation | The Retaliatory Employment Discrimination Act (REDA), N.C. Gen. Stat. § 95-241(a)(1)a., bars firing, demoting or otherwise punishing a worker for filing a workers’ comp claim in good faith. The worker must file a written complaint with the NC Commissioner of Labor within 180 days (§ 95-242). The worker may then get a right-to-sue letter and sue within 90 days (§ 95-243). Possible remedies include reinstatement, lost wages, and fees, and economic damages are tripled if the violation was willful (§ 95-243). |
| Uninsured employer penalty | N.C. Gen. Stat. § 97-94 sets a civil penalty of 1 per employee per day, at least 50 and at most 100 per day, for as long as coverage is missing. Willful failure to insure is a Class H felony and neglect is a Class 1 misdemeanor (§ 97-94(d)). The same applies to any person with the authority to bring the employer into compliance, and the employer remains directly liable for benefits. |
| Who hears disputes | The North Carolina Industrial Commission (§ 97-77) hears disputed claims (§§ 97-83, 97-84, 97-91). A Deputy Commissioner hears the case first. It can be appealed to the Full Commission (§ 97-85), then to the NC Court of Appeals (§ 97-86). |
The Exclusive-Remedy Bargain in the North Carolina Workers Compensation Act
N.C. Gen. Stat. § 97-10.1 makes workers’ comp the exclusive remedy against the employer. The main exception comes from court decisions, not the statute: the Woodson v. Rowland (1991) exception for employer misconduct the employer knew was “substantially certain” to cause serious injury or death. Claims against outside third parties are preserved by § 97-10.2.
Retaliation and Penalties Under the North Carolina Workers Compensation Act
The Retaliatory Employment Discrimination Act (REDA), N.C. Gen. Stat. § 95-241(a)(1)a., bars firing, demoting or otherwise punishing a worker for filing a workers’ comp claim in good faith. The worker must file a written complaint with the NC Commissioner of Labor within 180 days (§ 95-242). The worker may then get a right-to-sue letter and sue within 90 days (§ 95-243).
Possible remedies include reinstatement, lost wages, and fees, and economic damages are tripled if the violation was willful (§ 95-243). N.C. Gen. Stat. § 97-94 sets a civil penalty of 1 per employee per day, at least 50 and at most 100 per day, for as long as coverage is missing. Willful failure to insure is a Class H felony and neglect is a Class 1 misdemeanor (§ 97-94(d)).
The same applies to any person with the authority to bring the employer into compliance, and the employer remains directly liable for benefits. The North Carolina Industrial Commission (§ 97-77) hears disputed claims (§§ 97-83, 97-84, 97-91). A Deputy Commissioner hears the case first. It can be appealed to the Full Commission (§ 97-85), then to the NC Court of Appeals (§ 97-86).
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Recent Amendments to the North Carolina Workers Compensation Act
No amendment to the North Carolina workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the North Carolina Workers Compensation Act
Statute pages are written for lawyers, so read the North Carolina workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the North Carolina workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the North Carolina claim guide turns these sections into steps and dates, and the North Carolina requirements guide covers the employer side.
Frequently Asked Questions
Where is the North Carolina workers compensation act in the code?
North Carolina General Statutes Chapter 97, Article 1 (N.C. Gen. Stat. § 97-1 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the North Carolina act?
Written notice to the employer within 30 days of the accident, under N.C. Gen. Stat. § 97-22. A late notice may still be accepted if there is a reasonable excuse and the employer was not prejudiced.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the North Carolina workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official North Carolina Sources & Resources
- North Carolina North Carolina Industrial Commission: https://www.ic.nc.gov
- North Carolina Workers’ Comp Statute: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_97.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This North Carolina workers compensation act guide was last verified against official North Carolina sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.