NC Industrial Commission – COVID-19 NC Workers’ Compensation Claims

The NC Industrial Commission notes the following on its website, with regard to Covid-19-related claims:

The Industrial Commission has received inquiries regarding the potential coverage of COVID-19 infections under the North Carolina Workers’ Compensation Act (“NCWCA”). All workers’ compensation claims are decided by applying the facts of the particular case to North Carolina law. The employee bears the burden of establishing all necessary legal requirements of the claim.

To establish an occupational disease claim for COVID-19 under the NCWCA, an employee must show: 1) that the employment exposed him or her to greater risk of contracting the disease than the general public, and 2) that the employment caused him or her to contract the disease.

To establish an injury by accident claim for COVID-19 under the NCWCA, the employee must show that the infection was contracted due to an accident (as defined by North Carolina law as an interruption of the normal job routine) arising out of, and occurring in the course of, the employee’s employment.

To file a claim for workers’ compensation, a Form 18 (found here) should be completed and filed with the Industrial Commission.