What North Carolina Workers’ Compensation Benefits Am I Entitled To?
October 29, 2023At the Ramsay Law Firm, P.A., our Charlotte workers’ compensation attorneys know North Carolina workers are entitled to benefits after suffering a work-related injury or illness.
The North Carolina Workers’ Compensation Act outlines the benefits workers are entitled to for their injuries.
If you have a workers’ compensation claim, you’re entitled to benefits for three things:
- Medical treatment;
- Payment for time out of work;
- Payment for any permanent injury that you sustain.
Workers’ compensation does not pay for:
- General pain and suffering, emotional distress, and mental anguish.
- Chronic pain, whether due to a workplace injury or another cause, can significantly reduce your ability to enjoy life’s activities.
- Surviving a catastrophic event, like a major accident, that results in a significant loss of enjoyment of life due to the trauma and disruption caused by the event.
- Injuries that prevent you from participating in non-work-related activities, like hobbies or sports, impact your personal enjoyment of life.
- Household services — like lawn care or other maintenance requirements — if the injured worker can no longer perform these duties and must hire an outside service.
- Family member’s loss of companionship or enjoyment of life resulting from the injured worker’s injuries.
Workers’ compensation does not pay for many things we know are present in every workers’ compensation case. That’s why I think it’s important that we maximize your recovery for the benefits that you are entitled to.
What Benefits are Available through North Carolina Workers’ Compensation?
North Carolina workers who are injured during a workplace accident or have contracted an occupational illness from their employment may qualify for workers’ compensation benefits.
The North Carolina Industrial Commission administers the state’s workers’ compensation program and determines the specific amounts of the various workers’ compensation benefits paid to injured and disabled workers through calculated formulas set by our state laws.
North Carolina workers compensation benefits include:
Medical Benefits
From emergency room visits through the injured worker’s recovery, medical benefits may be paid for diagnostic tests, physician visits, and other medical professional services, including surgeries, therapy and rehabilitation, and medications.
Disability Benefits
There are two types of disability benefits available for workers who suffered a Partial Disability or Total Disability.
- Partial Disability means the worker cannot return to their previous line of work and will not earn the rate of pay earned before their injury or has a permanent impairment.
- Total Disability means a worker cannot earn a living.
Disability benefits are classified as:
- Temporary Partial Disability (TPD)
- Temporary Total Disability (TTD)
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
Total disability benefits are capped at 66.66% of the worker’s average weekly wage before the injury. There is also a maximum compensation rate for each year, which is published on the Industrial Commission website.
Partial disability benefits can be based either on return to work for lost wages or a permanent impairment rating. The worker should be given the opportunity to select the best option for their situation. Often insurance carriers tell workers that they can only recovery for their impairment rating when a lost wage claim is more valuable.
Lost wage partial disability benefits are calculated using the difference between the worker’s pre-injury and post-injury weekly income. The lost wage benefits are limited by 66.66% and the maximum compensation rate.
Partial disability benefits based on a permanent impairment rating are calculated according to a percentage of loss, which is determined by the injured person’s physician. The percentage of loss is called a rating. Each body part is assigned a number of weeks for a total loss. The worker is paid for their rating based on the dollar amount of their average weekly wage.
Whether a disability benefit is considered a temporary or permanent disability benefit depends upon the status of the injured worker’s medical treatment and recovery. When the worker is in the healing period, the benefits are considered temporary. When the worker is finished with treatment and at maximum medical improvement or MMI, the benefit can be considered permanent.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are for workers who cannot return to their previous position and must accept a different type of work, or employment that pays less.
Vocational rehabilitation benefits may include:
- Transferrable-skills analysis
- On-the-job-training
- Resume, interviewing, and job application services
- Education and tuition expenses
- Job search assistance
Death Benefits
When families lose their loved ones to work accidents or illnesses, the rules change to provide death benefits to the survivors. Our skilled North Carolina workers’ compensation attorneys will outline those requirements and benefits, so you can take the time you need to grieve, knowing financial help is on the way.
Have You Been Injured at Work in North Carolina?
Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling (704)-376-1616 or contacting us online.
A Voice For The Injured. Here Every Step of The Way.
