North Carolina Workers' Compensation Settlement Calculator
Estimate North Carolina workers' comp — TTD Rate, Scheduled-Injury Schedule, 500-Week Disability Cap
North Carolina workers' compensation claims are governed by N.C. Gen. Stat. § 97-29 (Temporary Total Disability (TTD) Rate): 66 2/3% of average weekly wage, capped at the state maximum established by year of injury — $1,446/week for 2026 (up from $1,380/week in 2025, $1,330/week in 2024). Of the 3 landmark North Carolina workers' compensation awards documented on this page, the largest is $45M (Third-party jury verdict — mason Adan Rendon Hernandez (34), crushed when a retaining wall collapsed at a Hajoca Corp. site in Hendersonville (Henderson County); reported as the largest personal-injury verdict in North Carolina history. Workers' comp benefits had already been paid separately by employer Robert Crawford Masonry; this was the § 97-10.2 third-party claim against the property/materials company.; 2026).
⚖️ NORTH CAROLINA: 66 2/3% TTD Rate | 500-Week Disability Cap | Scheduled-Injury (PPD) Schedule
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
North Carolina Workers' Compensation Law
North Carolina workers' compensation benefits is governed by N.C. Gen. Stat. § 97-29 (Temporary Total Disability Rate): 66 2/3% of your average weekly wage, capped at the state maximum — $1,446/week for injuries in 2026 (up from $1,380/week in 2025 and $1,330/week in 2024, per the NC Industrial Commission's annual table). Benefits run for up to 500 weeks; after 425 weeks, an injured worker can petition to extend benefits beyond that cap by proving 'total loss of wage-earning capacity.' The statutory floor is $30/week.
Scheduled-Injury (PPD) Schedule (N.C. Gen. Stat. § 97-31): fixed weeks of compensation by body part, paid at the same 66 2/3% rate — thumb 75 weeks, hand 200 weeks, arm 240 weeks, foot 144 weeks, leg 200 weeks, one eye 120 weeks, total loss of use of the back 300 weeks. Facial/head disfigurement is capped at $20,000 and other visible scarring at $10,000. Unlike Washington's dollar-amount schedule, North Carolina pays weeks × your comp rate — so a higher wage earner recovers more for the identical injury, up to the annual maximum.
Exclusive Remedy + Third-Party Claims (N.C. Gen. Stat. §§ 97-10.1, 97-10.2): workers' comp is your only remedy against your employer, but you keep the right to sue any non-employer third party whose negligence contributed to the injury — the employer's insurance carrier then holds a lien on that recovery (court costs and up to one-third attorney fees come off the top, then the carrier is reimbursed for benefits paid, before you keep the remainder). This exact mechanism played out in a 2026 Henderson County case that produced two $45 million jury verdicts plus an $11 million loss-of-consortium award — reported as the largest personal-injury verdict in North Carolina history — after masonry workers who had already received workers' comp benefits sued the company whose retaining wall collapsed on them.
Key North Carolina Workers' Compensation Statutes
North Carolina workers' compensation benefits operates under these critical legal rules:
N.C. Gen. Stat. § 97-29
Temporary Total Disability (TTD) RateStandard: 66 2/3% of average weekly wage, capped at the state maximum established by year of injury — $1,446/week for 2026 (up from $1,380/week in 2025, $1,330/week in 2024)
Scope: Paid weekly while total disability continues, up to 500 weeks from the date of first disability. After 425 weeks, the worker may petition to extend benefits past 500 weeks by proving 'total loss of wage-earning capacity' by a preponderance of the evidence — the complete elimination of the capacity to earn any wages. Permanent total disability then pays for life unless the employer shows, by a preponderance of the evidence, that the employee is capable of returning to suitable employment. Statutory floor: $30/week.
N.C. Gen. Stat. § 97-30
Partial Disability (TPD)Standard: 66 2/3% of the difference between pre-injury and post-injury average weekly wages
Scope: Capped at the same annual statutory maximum as § 97-29 (see above). Not more than 500 weeks of payments — any weeks already paid under § 97-29 (TTD) are deducted from this same 500-week bank, so TTD and TPD draw from one combined cap, not two separate ones.
N.C. Gen. Stat. § 97-31
Scheduled-Injury (PPD) ScheduleStandard: Fixed number of weeks of compensation by body part, paid at 66 2/3% of AWW — thumb 75 wks, index finger 45 wks, hand 200 wks, arm 240 wks, foot 144 wks, leg 200 wks, one eye 120 wks, one ear (total hearing loss) 70 wks, both ears 150 wks, total loss of use of the back 300 wks
Scope: UNLIKE Washington's dollar-amount schedule — North Carolina pays weeks × the worker's own comp rate, capped at the annual maximum, so identical injuries produce different dollar totals depending on wage. Facial/head disfigurement capped at $20,000; other serious bodily disfigurement capped at $10,000; important internal organ damage capped at $20,000. Loss of both hands, arms, feet, legs, or eyes converts the claim to permanent total disability.
N.C. Gen. Stat. § 97-10.1
Exclusive RemedyStandard: Workers' comp rights and remedies 'exclude all other rights and remedies of the employee ... as against the employer at common law or otherwise on account of such injury or death'
Scope: Bars ordinary negligence suits against an employer that carries the required workers' comp coverage. Does not bar claims against a non-employer third party — see § 97-10.2 below.
N.C. Gen. Stat. § 97-10.2
Third-Party Claims + SubrogationStandard: Employee has exclusive right to sue or settle with a negligent third party within 12 months of injury; recovery is distributed court costs/expenses first, then attorney fees (capped at one-third), then employer/carrier reimbursement for benefits paid, with the remainder to the employee
Scope: After 12 months without settlement or suit, the employer may also enforce the claim (rights revert to the employee 60 days before the statute of limitations runs). Neither side may settle with the third party without the other's written consent (with narrow exceptions). A judge can reduce the employer's lien based on anticipated future compensation and other equitable factors.
N.C. Gen. Stat. § 97-24 (see also § 97-22)
Notice + Filing DeadlinesStandard: Written notice of the accident to the employer within 30 days (§ 97-22); claim filed with, or compensation paid under, the Industrial Commission within 2 years of the accident (§ 97-24) — after that, 'the right to compensation ... shall be forever barred'
Scope: Late notice forfeits benefits that accrued before notice was given, unless the employer already knew, the worker was physically/mentally unable to report, a third party's fraud prevented notice, or the Commission accepts a reasonable excuse and finds the employer wasn't prejudiced. A second, narrower 2-year window runs from the last payment of medical-only compensation.
Recovery Structure
Medical treatment (typically unlimited and employer-directed), lost wages at 66 2/3% of average weekly wage up to the annual state maximum, permanent impairment via the § 97-31 weeks-based schedule (or an unscheduled body-as-a-whole rating for back, neck, or psychological injuries), vocational rehabilitation, and death benefits — 66 2/3% of AWW for 500 weeks (longer for a disabled spouse or minor dependents), plus burial expenses up to $10,000. No pain-and-suffering award under workers' comp itself (the trade-off for exclusive remedy) — that recovery is only available through a separate third-party claim.
Key North Carolina Doctrines
Exclusive Remedy: workers' comp is the injured employee's exclusive remedy against an insured/self-insured employer for on-the-job injury or death. Third-Party Claims + Subrogation: the employee keeps exclusive control to sue or settle with a negligent third party for the first 12 months after injury; the employer/carrier's lien is repaid from any recovery (costs and up to one-third attorney fees first, then benefits-paid reimbursement) before the employee keeps the balance.
Damage Structure + Caps
$1,446/week maximum benefit for 2026 injuries (66 2/3% of AWW, statutory floor $30/week), 500-week cap on combined TTD/TPD payments (extendable past 425 weeks on proof of total wage-loss capacity), § 97-31 weeks-based PPD schedule, $20,000 facial/head disfigurement cap, $10,000 other-disfigurement cap, $10,000 burial-expense cap on death claims.
North Carolina Workers' Compensation Verdicts + Averages
Recent North Carolina workplace-injury outcomes — including the parallel third-party track that runs alongside the workers' comp system:
| Amount | Year | Case / Injury |
|---|---|---|
| $45M | 2026 | Third-party jury verdict — mason Adan Rendon Hernandez (34), crushed when a retaining wall collapsed at a Hajoca Corp. site in Hendersonville (Henderson County); reported as the largest personal-injury verdict in North Carolina history. Workers' comp benefits had already been paid separately by employer Robert Crawford Masonry; this was the § 97-10.2 third-party claim against the property/materials company. — Crush injuries from a retaining-wall collapse (mason, third-party claim after WC benefits paid) |
| $45M | 2026 | Same Henderson County jury verdict — second mason, Magno Alberto Valdez Sanchez (39), injured in the identical retaining-wall collapse (early 2021 incident; verdict reported May 2026). — Crush injuries from the same retaining-wall collapse (second mason) |
| $11M | 2026 | Loss-of-consortium award to the spouse of one of the injured masons, part of the same Henderson County verdict — a third mason, Marcelino Rendon Hernandez (37), was killed in the same collapse and his estate was also a plaintiff. — Loss of consortium (spouse of injured mason); a third mason died in the same collapse |
North Carolina Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in North Carolina for 2026?
The North Carolina maximum for injuries occurring in 2026 is $1,446/week (N.C. Gen. Stat. § 97-29; up from $1,380/week in 2025). Your actual benefit is 66 2/3% of your average weekly wage (AWW), capped at this figure — so you only hit the max if 66 2/3% of your AWW would otherwise exceed $1,446.
How long do I have to report my North Carolina work injury, and to file a claim?
Give your employer written notice within 30 days of the accident (N.C. Gen. Stat. § 97-22) — late notice can cost you benefits that accrued before you reported, unless the employer already knew, you were physically or mentally unable to report, or the Industrial Commission accepts a reasonable excuse. Separately, you (or your employer, by paying compensation) must file with the Industrial Commission within 2 years of the accident (§ 97-24), or the claim is barred forever.
Can I sue my employer in North Carolina in addition to workers' comp?
Generally NO — under N.C. Gen. Stat. § 97-10.1, workers' comp is your exclusive remedy against an employer that carries the required coverage. What you CAN do is sue a non-employer third party (equipment maker, subcontractor, property owner) whose negligence contributed to your injury under § 97-10.2 — that claim runs separately from, and in addition to, your workers' comp benefits. A 2026 Henderson County case did exactly this: two masonry workers who had already received workers' comp benefits won $45 million each (plus $11 million for a spouse's loss of consortium) from the company whose wall collapsed on them.
How is a permanent injury valued under North Carolina's workers' comp schedule?
For a 'scheduled' body part (hand, arm, leg, eye, fingers, etc.), § 97-31 sets a fixed number of weeks — for example 240 weeks for an arm, 200 weeks for a hand, 120 weeks for an eye — multiplied by your weekly comp rate (66 2/3% of AWW, capped at the annual maximum). Injuries not on the schedule, such as the back, neck, or psychological conditions, are instead rated as a percentage of permanent partial disability to the body as a whole, typically based on an independent medical evaluation.
Should I accept the first settlement offer in my North Carolina workers' comp case?
Almost never without review. Initial offers frequently undervalue permanent impairment, future medical needs, and — where a third party was involved — the separate tort claim you may still be entitled to pursue under § 97-10.2. Before accepting a compromise settlement agreement, which the Industrial Commission must find 'fair and just' and approve before it becomes final (N.C. Gen. Stat. § 97-17), get an independent medical evaluation and talk to a workers' comp attorney — every attorney fee in a North Carolina workers' comp case must also be separately approved by the Commission as reasonable (§ 97-90).
Pending North Carolina Workers' Compensation Issues
Active legal developments (as of April 2026):
- The NC Industrial Commission's rate table confirms $1,446/week as the maximum for 2026 injuries (up from $1,380/week in 2025 and $1,330/week in 2024), but the underlying certified 'average weekly insured wage' figure and exact rounding methodology behind that number were not independently located August 2026.
- Plaintiff-firm 'case results' pages list additional real North Carolina workplace-injury settlements without dates — Whitley Law Firm: $2.4M (traumatic brain injury, wall collapse) and $4M (iron-worker paralysis, demolition fall); Hardison & Cochran/lawyernc.com: $6.75M (paralyzed delivery driver), $3.5M (Mebane tree-fall paralysis), $3.0M (Moore County log-strike), $3.0M (traumatic brain injury, truck loading), $950K (forklift fall, New Hanover County), $1.5M (fatal trench collapse). Amounts are firm-published and real but undated, so they were excluded from landmark_verdicts pending a confirmed year.
- N.C. Gen. Stat. § 97-90 requires Industrial Commission approval of attorney fees as 'reasonable' but sets no fixed percentage cap — any commonly cited fee percentage for NC workers' comp attorneys has not been confirmed from the statute itself and is not asserted on this page.
- General Assembly activity for the 2025-26 session (any pending bill amending Chapter 97) was not independently checked August 2026 — verify against the NC Industrial Commission's bulletin page for mid-year changes before relying on this page for legal advice.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.ic.nc.gov/workers-compensation-claims/maximum-weekly-compensation-rates
- law.justia.com/codes/north-carolina/chapter-97/article-1/section-97-29
- law.justia.com/codes/north-carolina/chapter-97/article-1/section-97-31
- law.justia.com/codes/north-carolina/chapter-97/article-1/section-97-10.2
- www.insurancejournal.com/news/southeast/2026/05/26/871320.htm
- www.lawyernc.com/case-results
- www.whitleylawfirm.com/case-results
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview
All Workers' Compensation Calculators by State
Other Calculators for North Carolina
Each North Carolina calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses North Carolina verdict data where available.