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NC Workers' Compensation Maximum Compensation Rate Changed Effective January 1, 2023. Effective January 1, 2023, the maximum weekly benefit applicable to all North Carolina injuries and claims arising on and after January 1, 2023, will be $1,254.00.
The North Carolina Workers' Compensation Act requires that all businesses that employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies and partnerships, obtain workers' compensation insurance or qualify as self-insured employers for purposes of paying ...
In most cases compensation is based on your average weekly wage (AWW). Under NC Workers' Compensation Law, you are entitled to 66 2/3% (. 6667) of your average weekly wage. Once calculated, this value, your compensation rate, is payable on a weekly basis.
Injured employees in North Carolina are entitled to worker's compensation benefits regardless of who caused the accident. However, there are some situations that disqualify employees from collecting worker's comp benefits. NCGS 97-27 states that an employer will pay for medical treatment for an injured employee.
Those businesses that employ three or more employees are required to carry workers compensation insurance except agricultural employment with fewer than 10 employees, certain sawmill and logging operations and all domestic employees are exempt.
In order to recover for pain and suffering you must bring a separate negligence claim against the third party who caused the accident. It is important to note that you will not recover pain and suffering from workers' compensation benefits. Instead, they will be considered for the additional negligence claim.
The Industrial Commission administers the Workers' Compensation Act, the Tort Claims Act, the Childhood Vaccine-Related Injury Act, the Public Safety Employees' Death Benefits Act, the Act to Compensate Individuals Erroneously Convicted of Felonies, and the Eugenics Compensation Program.