North Carolina is one of the few states that specifically schedules back injuries at 300 weeks. TTD is capped at 500 weeks with extension for total loss of earning capacity. The employer directs medical treatment, and clincher agreements are the standard settlement mechanism. This calculator uses the N.C.G.S. Chapter 97 schedule for your estimate.
Operated by Mustafa Bilgic, non-attorney individual. Schedule weeks from N.C.G.S. 97-31. Max TTD rate = SAWW x 1.10, updated annually July 1. Verify at NC Industrial Commission.
| Item | North Carolina rule | Authority |
|---|---|---|
| TTD rate | 66 2/3% of AWW | N.C.G.S. 97-29 |
| Max TTD | 110% of SAWW (updates July 1; verify at NC IC) | N.C.G.S. 97-29 |
| TTD cap | 500 weeks (extendable for total loss of earning capacity) | N.C.G.S. 97-29 |
| Waiting period | 7 calendar days | N.C.G.S. 97-28 |
| Retroactive threshold | 21 days | N.C.G.S. 97-28 |
| PPD: Back | 300 weeks | N.C.G.S. 97-31(23) |
| PPD: Arm | 240 weeks | N.C.G.S. 97-31(12) |
| PPD: Leg | 200 weeks | N.C.G.S. 97-31(14) |
| PPD: Hand | 200 weeks | N.C.G.S. 97-31(11) |
| PPD: Foot | 144 weeks | N.C.G.S. 97-31(13) |
| PPD: Eye | 120 weeks | N.C.G.S. 97-31(15) |
| PPD: Hearing (both) | 150 weeks | N.C.G.S. 97-31(19) |
| PPD: Thumb | 75 weeks | N.C.G.S. 97-31(1) |
| Statute of limitations | 30 days notice + 2 years to file | N.C.G.S. 97-24 |
| Doctor choice | Employer-directed | N.C.G.S. 97-25 |
| Settlement | Clincher agreement (IC approval required) | N.C.G.S. 97-17 |
Most states treat back injuries as unscheduled whole-body claims, which often results in lower awards or more uncertain valuations. North Carolina explicitly schedules back injuries at 300 weeks under N.C.G.S. 97-31(23). A 25% permanent loss of use of the back equals 75 weeks of benefits at 66 2/3% of AWW. This gives North Carolina workers with back injuries more predictable outcomes than workers in states where back injuries are classified under general disability categories.
The 300-week back schedule also affects settlement strategy. Because the schedule is specific and codified, insurers and claimants can more easily calculate the value of a back injury claim, which tends to streamline settlement negotiations compared to states where back injury valuations are entirely discretionary.
TTD benefits last up to 500 weeks from the initial date of disability under N.C.G.S. 97-29. After 425 weeks, a worker who has experienced a complete loss of wage-earning capacity may apply for extended benefits beyond 500 weeks. This extension is not automatic; the worker must prove that the injury has resulted in total inability to earn wages, which is a higher standard than simply proving ongoing disability.
Uses N.C.G.S. 97-31 schedule. Educational only.
North Carolina is one of only four states that still follows the pure contributory negligence rule in personal injury torts — if the plaintiff is even 1% at fault, they recover nothing. However, this harsh rule does not apply to workers compensation. NC workers comp is a no-fault system under N.C.G.S. 97-2. An employee's own negligence does not bar a claim. The only exceptions are injuries caused solely by intoxication, willful intent to injure oneself or another, or willful failure to use a safety device. This distinction matters because some employers incorrectly tell workers that their own fault prevents a workers comp claim. It does not.
North Carolina gives the employer control over medical treatment under N.C.G.S. 97-25. The employer or insurer selects the treating physician, and the worker must treat with that provider unless the Industrial Commission approves a change. This is more restrictive than states like Illinois (where workers choose their own doctor) but comparable to Georgia and Virginia. Workers who are dissatisfied with their assigned medical care may petition the Commission for a change of physician, but approval is not guaranteed.
The standard settlement mechanism in North Carolina is a clincher agreement, which is a full and final settlement closing all benefits. The Industrial Commission must approve the agreement after verifying that the worker understands the consequences. Clincher agreements typically include a lump sum for all past and future indemnity and a provision for either closing or leaving open medical benefits. Leaving medical open is common when the worker has ongoing treatment needs that would be expensive to buy out.
Yes. North Carolina is one of the few states that specifically schedules back injuries. Under N.C.G.S. 97-31(23), total loss of use of the back is compensated at 300 weeks. Partial loss of use receives a proportionate share of 300 weeks. This makes NC unusual because most states treat back injuries as unscheduled whole-body claims.
TTD is generally limited to 500 weeks from the first day of disability under N.C.G.S. 97-29. Workers who have received at least 425 weeks and can prove complete loss of wage-earning capacity may apply for extended benefits beyond 500 weeks.
NC has a 7-calendar-day waiting period under N.C.G.S. 97-28. No compensation is paid for the first 7 days. If disability exceeds 21 days, compensation is paid retroactively from the date of disability.
The employer directs medical treatment under N.C.G.S. 97-25. The employer selects the treating physician, and the worker must treat with that provider unless the Industrial Commission approves a change. Workers may petition the Commission for a change of physician if they are dissatisfied with care.
Under N.C.G.S. 97-24, notice must be given within 30 days of the accident. A claim must be filed within 2 years of the accident or within 2 years of the last payment of medical or indemnity benefits.
North Carolina is a pure contributory negligence state for personal injury torts, but workers compensation is a no-fault system. An employee's own negligence generally does not bar a workers comp claim unless the injury was caused solely by intoxication or willful intent to injure.
A clincher agreement (also called a full and final settlement) closes the workers comp claim. It must be approved by the Industrial Commission. The Commission reviews whether the settlement is fair and whether the worker understands they are giving up future benefits. Clincher agreements are the most common way to resolve NC workers comp claims.
No. Operated by Mustafa Bilgic, non-attorney individual operator. Educational research only. Consult a licensed North Carolina workers compensation attorney.
While the general TTD cap is 500 weeks, North Carolina provides an extension mechanism for workers who can prove a complete loss of wage-earning capacity. After receiving at least 425 weeks of TTD, a worker may apply to the Industrial Commission for an extension beyond 500 weeks. The standard for extension is higher than for initial TTD: the worker must demonstrate total inability to earn wages in any employment, not merely inability to return to the pre-injury job. This extension is not automatic and requires a formal application and hearing. Workers approaching the 425-week mark should consult with an attorney about preservation of extension rights.