The North Carolina Workers’ Compensation Act is designed to protect employees who have been hurt at work. It provides access to the medical care they need to heal and receive compensation for their lost income when their injuries keep them from temporarily or permanently going back to work.
Our workers’ compensation law firm founder and managing attorney, Martha Ramsay, has been giving a voice to the injured for more than 25 years and can help you determine the benefits you are entitled to.
Your Voice. Our Experience. Seeking Solutions for All Workers.
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:
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.
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 his or her 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 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 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
- Resume, interviewing, and job application services
- Education and tuition expenses
- Job search assistance
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.
Contact Our Workers’ Compensation Specialists in Charlotte, North Carolina, at the Ramsay Law Firm for a Free Consultation Today
At the Ramsay Law Firm, our dedicated workers’ compensation law firm in Mecklenburg County provides free consultations to all injured North Carolina employees by calling 704-376-1616 or contacting us online
Our Board-Certified Workers’ Compensation attorneys and a skilled team of lawyers and support staff in Charlotte are here to handle each detail of your case, so you can focus on your recovery.
All Workers Welcome. Ask Martha for Help Today.