Workers' Compensation

The North Carolina Industrial Commission has established the maximum weekly benefit for 2024 pursuant to N.C. Gen. Stat. § 97-29.  Effective January 1, 2024, the maximum weekly benefit applicable to all injuries arising on and after January 1, 2024, shall be $1,330.00.

A copy of the Notice can be found here.

If you are interesting in receiving Wilson Ratledge’s 2024 Cheat Sheet, contact one of our workers’ compensation defense attorneys.

Less than two weeks after the North Carolina Court of Appeals made a decision in Sturdivant v. N.C. Dept. of Public Safety, which would have ultimately determined how claims for extended compensation were handled, the court’s opinion was withdrawn, without explanation.

However, on April 18, 2023, the North Carolina Court of Appeals filed a new decision in the case of first impression on extended compensation in North Carolina.  Unfortunately, the Court of Appeals maintained that the term “total loss of wage-earning capacity” in the extended compensation (post-500 weeks) section of the statute is no different that the term “total disability” in the temporary total disability section of the statute.  In doing so, the Court of Appeals added to its decision that the 2011 amendment to the Workers’ Compensation Act did not create a higher burden of proof in order for an employee to qualify for extended compensation.  Instead, the Court of Appeals wrote, the standard of proof for an award of extended compensation is the very same standard of proof for an award of TTD benefits during the initial 500 week period.  We believe (as did the Industrial Commission) that the Legislature intended the burden of proving extended disability to be significantly higher than the burden for ordinary TTD, and anticipate that the parties will seek review by the Supreme Court. 

Our workers’ compensation defense attorneys will monitor Sturdivant for an appeal to the North Carolina Supreme Court, and a decision in the companion case, Betts v. N.C. Dep’t of Health & Hum. Ser., for any changes to the interpretation of “total loss of wage-earning capacity” in extended compensation cases. 

We welcome any inquiries you may have about the Sturdivant decision or extended compensation in North Carolina.

Both sides of the bar have been anxiously awaiting decisions from the North Carolina Court of Appeals that will determine how claims for extended compensation pursuant to N.C. Gen. Stat. § 97-29(c) are handled.  The first decision in this line of cases has now arrived. 

In Sturdivant v. N.C. Dept. of Public Safety, the plaintiff sought benefits beyond the 500 weeks for his back injury.  On appeal, plaintiff argued that he had “total loss of wage-earning capacity,” and that the Industrial Commission erred in concluding that his burden of proof was higher than the standard for proving “total disability.”  The defense bar disagrees with this definition, and in their Amicus Brief (co-authored by Wilson Ratledge attorneys Frances M. Clement and Kristine L. Prati), the North Carolina Association of Defense Attorneys (NCADA) argued that in 2011, the Legislature created a separate section for extended compensation and specifically used the term “total loss of wage-earning capacity” instead of the term “disability,” therefore indicating that a different standard applies for an award of extended compensation.   

The Court of Appeals unfortunately agreed with plaintiff’s argument that “total loss of wage-earning capacity” is synonymous with “total disability.”  However, the Court of Appeals agreed with defendants’ argument that the burden of proof rests with plaintiff, and ultimately upheld the Industrial Commission’s denial for an extension of benefits, as the evidence showed that there were jobs available for plaintiff, and that plaintiff was capable of performing those jobs given his physical restrictions, education, and work history. 

We will be monitoring this case for any appeal to the N.C. Supreme Court, as well as a decision in two other extended compensation cases pending at the Court of Appeals.

Read the full decision here

If you have any questions about this case or extended compensation, please contact one of the workers’ compensation attorneys!

Workers’ compensation is a system in North Carolina that provides benefits to employees who are injured or become ill at work. The system is designed to help employees recover from injuries and return to their everyday lives as quickly as possible. 

Workers’ compensation insurance covers medical expenses, wage replacement, and other benefits. Workers’ compensation is mandatory in North Carolina, and almost all categories of employers must have this insurance for their staff.

What Types of Injuries Are Compensated for Under the Workers Compensation Plan in NC

Under the workers’ compensation plan in North Carolina, there are several types of injuries that are compensated for. These injuries can include physical injuries, mental health issues, and even death. Essentially, anything that seriously affects a member of staff’s health at their job is compensable under the state’s workers’ compensation program.

It is important to note the following eligibility requirements when considering filing for workers’ compensation in North Carolina:

i. The affected employee must be employed at the firm the injury happened.

ii. The affected employee must still have a valid employment contract at the time of the injury.

iii. The affected employee must have been injured while performing an authorized job duty.

What Types of Injuries Are Not Compensated for Under the Workers Compensation Plan in NC

In North Carolina, a few injuries are not typically covered by workers’ compensation. These include: 

i. Intentional acts

ii. Injuries that are not work-related (e.g., an auto accident outside of the workplace)

iii. An injury caused by the use of an intoxicating or impairing substance (e.g., alcohol) on the job

Also, under North Carolina’s Workers’ Compensation system, some injuries that are not covered by the plan include pain and suffering, as well as normal wear and tear that is peculiar to your line of work. 

The Process of Claiming Workers’ Compensation in North Carolina

In the event of an injury or illness, workers’ compensation is valuable protection. But even after your work-related illness or injury, there are still steps you need to take to get compensation. These steps include:

i. Report the injury to your employer: In North Carolina, as in most states, if you are injured at work and might need to seek medical attention from a doctor, you are required by law to report the injury to your employer. You can do this orally or in writing. If you wish to claim workers’ compensation in North Carolina, you must have informed your employer no later than 30 days from the date of the injury.

ii. Visit a hospital: The next step is to visit a hospital. This is important because, to claim workers’ compensation benefits, you will be required to provide hospital records as proof of your work-related injury or illness. It is also important to note that you can be compensated for your trips to the hospital. In North Carolina, if your hospital is 20 miles or more roundtrip from your home or office, you will be reimbursed at a rate of 54 cents per mile for every medically necessary trip you make to and from a doctor’s office.

iii. File a claim with N.C. Industrial Commission: After following through with steps (i.) and (ii.) above, you will then need to file form 18 with the North Carolina Industrial Commission. This form will ask for basic information about your injury and employer and will also document when and how you were injured. You are expected to make at least two copies of this form. The original copy is to be submitted to N.C. Industrial Commission, one copy is yours, and the last copy must be given to your employer. Afterward, the Industrial Commission will then process your claim and determine whether you’re eligible for benefits. 

What Are Some Reasons a Workers Compensation Claim Might Not Be Successful in North Carolina

Workers’ compensation claims can be complex, requiring injured workers to follow all the steps in the process to ensure that they get compensated. Some common reasons why an injured or ill worker may be denied include the following:

i. A filing for an ineligible injury

ii. An instance where an employer disputes the injury or the cause of the injury

iii. A lack of provision of all required documents (e.g., medical statements)

iv. Not filing the documents within the stipulated timeframes

v. Incorrect filling and filing of workers’ compensation documents

How Can You Ensure That You’ll Receive Your Workers’ Compensation After an Illness or Injury? 

North Carolina workers’ compensation covers medical expenses, wage replacement, and disability benefits. Workers’ compensation is important because it helps to ensure that workers can recover from injuries and return to their jobs. But how can you be sure you won’t get denied at any stage of the process?

To ensure you get what you deserve, you need to work with a North Carolina workers’ compensation attorney at Wilson Ratledge from the get-go. We know what to do and how to do it and would be happy to help. If you have filed a previous application that has been denied, you may also contact us to help you file an appeal.