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In North Carolina, your workers' comp settlement is not a jury award or a pain-and-suffering figure. It is built from a state formula: your average weekly wage, the permanent impairment rating a doctor assigns, and the specific number of weeks North Carolina General Statute 97-31 assigns to the injured body part. This guide walks through the NC numbers that actually set your check, including the 2026 Industrial Commission maximum, the body-part schedule, and the 500-week cap that quietly limits many claims.
Quick answer: North Carolina pays 66.67% of your average weekly wage, capped at $1,446.00 per week for 2026. Your permanent partial disability award equals your impairment rating times the N.C.G.S. 97-31 weeks for the body part (the back is 300 weeks) times your weekly rate. Most NC claims settle for $20,000 to $60,000; surgical or high-rating injuries reach $75,000 to $300,000+.
North Carolina key facts
NC Workers' Comp Settlement Facts (2026)
Last updated
- Max & min weekly benefit
- NC pays 66.67% of your average weekly wage, capped at $1,446.00/week for 2026 (up from $1,380 in 2025); minimum $30.00/week (NC Industrial Commission).
- The PPD formula
- Permanent partial disability = impairment rating (%) x the N.C.G.S. 97-31 weeks for the body part x your weekly comp rate.
- Key body-part weeks (97-31)
- Back 300, arm 240, hand 200, leg 200, foot 144, eye 120, thumb 75, index finger 45, hearing one ear 70 weeks.
- 500-week cap
- Temporary total disability is capped at 500 weeks for injuries on/after June 24, 2011; extended benefits require proving total loss of wage-earning capacity after 425 weeks.
- Lifetime benefits
- Catastrophic injuries (paralysis, severe brain injury, loss of two body parts) can pay permanent total disability for life (N.C.G.S. 97-29).
- No pain and suffering
- NC workers comp pays medical, wage replacement, and disability only. Never pain and suffering.
- Deadlines
- Report to your employer in writing within 30 days (97-22); file Form 18 with the Industrial Commission within 2 years (97-24).
- Attorney fees
- Typically 25% of the recovery, approved by the Industrial Commission (N.C.G.S. 97-90). Contingent; nothing up front.
Sources: N.C. Industrial Commission (maximum weekly rates and N.C.G.S. Chapter 97). For the national formula, benefit types, and Medicare Set-Aside rules, see the national workers' comp settlement guide. Get your free NC estimate →
What North Carolina Workers' Comp Settlements Actually Pay
Most North Carolina workers' comp claims settle in the $20,000 to $60,000 range, with a median near $25,000. Minor, medical-only claims settle for less; injuries that require surgery or leave a high permanent impairment rating settle for $75,000 to $300,000 or more once future medical care is included. Because NC ties permanent disability to a statutory week schedule, the injured body part and your wage move the number more than anything else.
| NC injury | Typical settlement range | Why |
|---|---|---|
| Back / spine (surgical or high rating) | $75,000 - $300,000+ | Back is scheduled at 300 weeks (97-31), the highest common schedule |
| Shoulder / arm | $30,000 - $120,000 | Arm scheduled at 240 weeks; rotator cuff surgery raises value |
| Knee / leg | $25,000 - $100,000 | Leg scheduled at 200 weeks; meniscus and ACL surgery drive value |
| Hand / wrist | $15,000 - $75,000 | Hand scheduled at 200 weeks; carpal tunnel and crush injuries vary |
| Permanent total disability (catastrophic) | $300,000 - $1,000,000+ | Paralysis, brain injury, or double loss; lifetime benefits under 97-29 |
Ranges reflect NC's 97-31 schedule, the 2026 maximum rate, and typical reported outcomes; individual settlements are confidential and vary. These are starting points, not promises. Get a case-specific number with the free NC calculator.
What Reported North Carolina Work-Injury Cases Actually Paid
The SetCalc verdict and settlement database tracks individually sourced case results. It currently holds 10 reported North Carolina work-injury results, every one of them a settlement rather than a verdict. The median is $725,000, the middle half falls between $685,000 and $1,125,000, and the largest is $2,750,000 for a worker struck by a tractor-trailer in a construction zone.
$725,000
Median reported result
$685,000
25th percentile
$1,125,000
75th percentile
10
NC cases tracked
Read these numbers carefully
Sample of 10, stated plainly so you can weigh it. Case dates are not published at source, so no year range is shown. Data as of 2026-07-24. Browse the underlying cases in the SetCalc verdict and settlement database or read the methodology.
Cite this data
SetCalc. "North Carolina Workers' Compensation Settlement Data." Updated 2026-07-24. https://setcalc.com/guides/north-carolina-workers-compensation-settlement-calculator. Accessed 2026-07-25.
How Is a Workers' Comp Settlement Calculated in North Carolina?
A North Carolina settlement rolls together the medical care, wage checks, and permanent-disability award the insurer still owes. The permanent partial disability (PPD) piece is where NC's statute controls the number, and the formula is fixed by law.
The North Carolina PPD formula
Impairment rating (%) x N.C.G.S. 97-31 weeks for the body part x weekly comp rate = PPD award
Weekly comp rate = 66.67% of your average weekly wage, capped at $1,446.00 for 2026 injuries (minimum $30.00).
Two inputs do the heavy lifting. Your average weekly wage (AWW) under N.C.G.S. 97-2(5) is generally your gross earnings over the year before the injury divided by 52, including overtime and bonuses. Your impairment rating is the percentage an authorized doctor assigns at maximum medical improvement using the AMA Guides. Multiply the rating by the body part's scheduled weeks and by your comp rate, and you have the PPD award, to which unpaid benefits and future medical care are added in a settlement.
Where NC differs from the national picture
NC Workers' Comp Settlement Chart: The N.C.G.S. 97-31 Body-Part Schedule
North Carolina General Statute 97-31 assigns a fixed number of weeks to the total loss (or loss of use) of each listed body part. Your permanent partial disability award is a percentage of these weeks equal to your impairment rating. Here is the current schedule.
| Body part | Weeks | Body part | Weeks |
|---|---|---|---|
| Back (loss of use) | 300 | Eye | 120 |
| Arm | 240 | Thumb | 75 |
| Hand | 200 | Hearing (both ears) | 150 |
| Leg | 200 | Hearing (one ear) | 70 |
| Foot | 144 | Index finger | 45 |
| Great toe | 35 | Second finger | 40 |
| Other toe (each) | 10 | Third / fourth finger | 25 / 20 |
Source: N.C.G.S. 97-31 (N.C. Industrial Commission). Loss of the first phalanx of a thumb or finger counts as half the listed period. NC also allows disfigurement awards up to $20,000 for serious facial or head disfigurement and up to $10,000 for other serious bodily disfigurement.
Scheduled vs. general disability
Worked Example: A North Carolina Back Injury
Here is the North Carolina PPD formula run with real numbers, using the back's 300-week schedule, to show how your wage changes the result.
Facts: You reach MMI after a back injury and a doctor assigns a 20% permanent impairment rating to the back. NC schedules the back at 300 weeks.
Average wage $900/week (comp rate $600):
20% x 300 weeks x $600 = $36,000
At the 2026 maximum ($1,446/week):
20% x 300 weeks x $1,446 = $86,760
That PPD award is only part of a settlement. On top of it, a clincher negotiates the value of future medical care, any unpaid temporary disability, and the risk each side faces if the case went to a hearing. A back injury that requires fusion surgery and leaves permanent work restrictions typically settles well above the scheduled figure once future treatment is included.
North Carolina Benefit Types
A NC settlement is a negotiation over which of these benefits remain unpaid and what your future care will cost. Each is a percentage of your average weekly wage.
| Benefit | What NC pays |
|---|---|
| Medical (97-25) | All authorized, injury-related treatment, mileage, and prescriptions. |
| Temporary total disability (97-29) | 66.67% of AWW while you cannot work, capped at 500 weeks for most injuries. |
| Temporary partial disability (97-30) | 66.67% of the difference in wages when you return to lower-paid or lighter work. |
| Permanent partial disability (97-31) | Rating x scheduled weeks x comp rate for a lasting impairment. The core of most settlements. |
| Permanent total disability (97-29) | Lifetime wage benefits for catastrophic injuries; otherwise limited by the 500-week cap. |
The 500-Week Cap and Extended Benefits
This is the North Carolina rule that surprises the most injured workers. For any injury on or after June 24, 2011, temporary total disability benefits are capped at 500 weeks, roughly 9.6 years. After that, wage-loss checks stop unless you qualify for extended benefits or lifetime permanent total disability.
Extended benefits (past 500 weeks)
You may petition after 425 weeks and, by proving a total loss of wage-earning capacity, continue benefits beyond 500 weeks (N.C.G.S. 97-29). Courts have held that a worker who could do some work may still qualify if realistically no one would hire them.
Lifetime PTD (catastrophic)
Workers with paralysis from a spinal injury, severe traumatic brain injury, or the loss of two body parts can receive permanent total disability for life without the 500-week limit (N.C.G.S. 97-29).
Why the cap shapes your settlement
Clincher Agreements and Medicare Set-Asides
Most North Carolina settlements take the form of a clincher, formally a Compromise Settlement Agreement. You accept a lump sum and permanently close the claim, including future medical care, and the Industrial Commission must approve the agreement before it is final. Once approved, it cannot be reopened, so the number has to account for everything you will need.
The alternative is a Form 26A agreement that pays your rating while keeping medical treatment open, which trades cash now for continued coverage. Many disputed NC claims resolve at a mediated settlement conference, which is often ordered before a hearing.
The Medicare Set-Aside affects your clincher
Deadlines, Choosing a Doctor, and Your Rights
The two deadlines that end claims
- • Written notice to your employer within 30 days (97-22)
- • File Form 18 with the Commission within 2 years (97-24)
- • Miss the 2-year filing deadline and the claim is barred
Medical care in NC
- • The employer/insurer directs care and picks the doctor (97-25)
- • You can ask the Commission for a second opinion on your rating
- • The Parsons presumption keeps related future care compensable
North Carolina also forbids retaliation for filing a claim under the Retaliatory Employment Discrimination Act (REDA). If you are fired or demoted for pursuing benefits, that is a separate claim from your workers' comp case.
North Carolina Comp Pays No Pain and Suffering (With One Exception)
North Carolina workers' compensation never pays for pain and suffering or emotional distress. In exchange for no-fault benefits you cannot sue your employer, and your recovery is limited to medical care, wage replacement, and the scheduled disability award. That is why a NC comp settlement for a serious injury can look smaller than a personal-injury verdict for the same harm.
If a non-employer caused your injury, you have a second claim
How to Maximize Your North Carolina Workers' Comp Settlement
Several inputs to the NC formula are negotiable and often understated by the insurer. These steps protect your claim.
Report in writing within 30 days and file Form 18
Treat with the authorized doctor, but challenge a low rating
Do not settle before maximum medical improvement
Verify your average weekly wage
Factor in the 500-week cap and future medical
Treat the first offer as an anchor
North Carolina Workers' Comp Settlement FAQ
How much is the average workers comp settlement in North Carolina?
Most North Carolina workers' comp claims settle for $20,000 to $60,000, with a median near $25,000; minor claims settle for less and permanent or surgical injuries settle for $75,000 to $300,000 or more. The number depends on your impairment rating, your average weekly wage, and the body part, because NC pays permanent partial disability from the N.C.G.S. 97-31 week schedule.
What is the maximum NC workers comp weekly benefit for 2026?
For injuries on or after January 1, 2026, the North Carolina Industrial Commission maximum weekly compensation rate is $1,446.00, up from $1,380.00 in 2025. Your weekly benefit is two-thirds (66.67%) of your average weekly wage, capped at that maximum, and the statutory minimum is $30.00 per week.
How is a workers comp settlement calculated in North Carolina?
A NC settlement combines unpaid medical care, wage-replacement benefits, and a permanent partial disability (PPD) award. The PPD award equals your impairment rating multiplied by the statutory weeks N.C.G.S. 97-31 assigns to the injured body part, multiplied by your weekly comp rate (66.67% of your average weekly wage, capped at $1,446 for 2026).
What is the North Carolina workers comp body-part schedule?
N.C.G.S. 97-31 assigns a set number of weeks to each body part: the back is 300 weeks, an arm 240, a hand 200, a leg 200, a foot 144, an eye 120, a thumb 75, an index finger 45, and hearing loss in one ear 70 weeks. Your PPD award is your impairment rating times those weeks times your weekly comp rate.
How much is a back injury worth in NC workers comp?
North Carolina schedules the back at 300 weeks. A worker with a $900 average weekly wage (a $600 comp rate) and a 20% back impairment rating would receive a permanent partial disability award of 20% x 300 x $600, or $36,000, before future medical. Surgical or high-rating back claims commonly settle for $75,000 to $300,000 including future care.
What is the 500-week cap in NC workers comp?
For injuries on or after June 24, 2011, North Carolina caps temporary total disability at 500 weeks (about 9.6 years). A worker can seek extended benefits beyond 500 weeks by petitioning after 425 weeks and proving, by a preponderance of the evidence, a total loss of wage-earning capacity (N.C.G.S. 97-29).
Can I get lifetime workers comp benefits in North Carolina?
Yes, in limited cases. Workers with certain catastrophic injuries, including paralysis from a spinal injury, severe traumatic brain injury, or the loss of two body parts, can receive permanent total disability benefits for life under N.C.G.S. 97-29. Most other claims are limited by the 500-week cap unless extended benefits are proven.
What is a clincher agreement in North Carolina?
A clincher, formally a Compromise Settlement Agreement, is a full and final NC workers' comp settlement. You accept a lump sum and permanently close the claim, including future medical care, and the Industrial Commission must approve it. It is irreversible once approved, so future treatment costs must be built into the number.
Does NC workers comp pay for pain and suffering?
No. North Carolina workers' compensation does not pay for pain and suffering or emotional distress. It covers medical treatment, wage replacement, and permanent-disability benefits only. Pain and suffering is available only through a separate third-party personal-injury claim against someone other than your employer, such as a negligent driver or equipment maker.
How long do I have to report a work injury and file a claim in NC?
In North Carolina you must give your employer written notice of the injury within 30 days (N.C.G.S. 97-22) and file a claim (Form 18) with the Industrial Commission within two years of the accident (N.C.G.S. 97-24). Missing the two-year deadline generally bars your claim entirely, so file promptly.
Can I choose my own doctor for a NC workers comp claim?
Generally no. In North Carolina the employer or its insurer directs your medical treatment and selects the authorized treating physician. You can ask the Industrial Commission to approve a second opinion on your impairment rating or a change of treating physician (N.C.G.S. 97-25), and once a claim is accepted the Parsons presumption treats related future care as compensable.
How much does a North Carolina workers comp lawyer cost?
North Carolina workers' comp attorney fees are typically 25% of the award or settlement and must be approved by the Industrial Commission (N.C.G.S. 97-90). Fees are contingent, so you pay nothing up front and nothing if you do not recover. Represented workers often net more even after the fee because the rating and wage figures are negotiable.
Calculate Your North Carolina Workers' Comp Settlement
Your NC settlement depends on your average weekly wage, your impairment rating, the 97-31 weeks for your body part, and your future medical needs. SetCalc estimates your case value against real workers' comp outcomes, and a North Carolina attorney reviews the estimate with you at no cost.
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