BASIC (09-08)

DI 52120.180 North Carolina Workers’ Compensation (WC)

A. North Carolina WC payment provisions

North Carolina WC pays 2/3 of the worker’s average weekly wage up to a State determined maximum. To see the weekly maximum visit: http://www.ic.nc.gov/ncic/pages/maxrates.htm

The individual will receive the payments for the duration of the disability except for Permanent Partial (PP) Disabilities, which have a limit of 300 weeks.

B. North Carolina WC lump sum (LS) awards

1. Appeals and changes

Individuals must appeal North Carolina LS Awards based on the facts of the award within 15 days and appeal based on the laws within 30 days. The North Carolina Commission can review the WC award for up to 2 years from the last WC payment, but only on the grounds of a change in condition.

2. Lump sum processing

Use general procedures for life expectancy cases to prorate and offset.

DI 52150.065A Life Expectancy (LE) Award

NOTE: North Carolina occupational disease lump sum awards for byssinosis often specify a very low weekly rate to be paid over a life expectancy up to age 75 or 76.

C. Cost-of-living adjustments (COLA)

North Carolina does not provide a cost of living increase.

D. Attorney fees

Attorney fees in North Carolina are determined on a case by case basis and approved by the North Carolina Industrial Commission.

E. Retirement insurance benefit (RIB) considerations

North Carolina WC does not offset due to the receipt of RIB.

F. References:

http://www.ic.nc.gov/ - North Carolina Workers' Compensation site

DI 52150.045 - For individual State maximum rates visit

DI 52150.060 - Prorating a WC/PDB Lump Sum Settlement

DI 52150.030 - Considering the RIB Option

DI 52150.050 - Excludable Expenses


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0452120180
DI 52120.180 - North Carolina Workers' Compensation (WC) - 01/05/2010
Batch run: 01/05/2010
Rev:01/05/2010