Understanding Partial Disability Benefits: Your Right to Compensation for Lost Earning Capacity

When a workplace injury prevents you from returning to your previous job or forces you to accept lower-paying work, North Carolina workers’ compensation law provides important protections that many injured workers don’t fully understand. While disability ratings often receive the most attention, partial disability benefits for lost wages can be significantly more valuable to your case—potentially providing compensation for over nine years from the date of your injury.

What Is Partial Disability?

Partial disability occurs when your work injury reduces your ability to earn wages, even if you can still work in some capacity. This might happen when:

• You cannot return to your previous job due to physical restrictions
• You must accept a lower-paying position because of your limitations
• Your earning capacity has been permanently reduced due to your injury

Unlike temporary total disability, which provides benefits while you’re completely unable to work, partial disability addresses the long-term financial impact of your reduced earning ability.

Why Partial Disability Can Be More Valuable Than Disability Ratings

Many injured workers focus primarily on their disability rating, but partial disability benefits often provide greater compensation over time. Here’s why:

Duration Matters: While disability ratings typically provide benefits for a limited number of weeks, partial disability benefits can potentially continue for over nine years from your injury date. This extended timeframe can result in substantially higher total compensation.

Real-World Impact: Partial disability benefits address the actual financial losses you experience when searching for new employment and adapting to lower wages. This includes compensation for:

• Time spent looking for suitable work within your restrictions
• The wage difference between your pre-injury job and any new position you can perform
• Long-term career limitations based on your age, education, work experience, and medical restrictions

Factors That Influence Your Partial Disability Benefits

North Carolina law considers several important factors when determining partial disability compensation:

• Age: Older workers may face greater challenges finding comparable employment
• Education level: Your educational background affects available job opportunities
• Work experience: Your skill set and employment history influence earning potential
• Medical restrictions: Physical limitations directly impact the types of work you can perform
• Local job market: Available positions in your area that match your capabilities

The Complexity of Partial Disability Claims

Navigating partial disability benefits requires a thorough understanding of North Carolina workers’ compensation law and careful documentation of your losses. Insurance companies often undervalue these claims or fail to calculate the full extent of your reduced earning capacity properly.

Why You Need Experienced Legal Representation

If you cannot return to your regular job and are experiencing lost wages due to your work injury, consulting with an experienced workers’ compensation attorney is crucial. At Ramsey Law Firm, we understand how to:

• Properly calculate your lost earning capacity
• Gather necessary documentation to support your claim
• Navigate the complex legal requirements for partial disability benefits
• Ensure you receive the maximum compensation available under North Carolina law

Don’t let an insurance company minimize your claim or overlook the significant value of partial disability benefits. The financial impact of reduced earning capacity can affect you and your family for years to come.

Contact Ramsay Law Firm today to discuss your case and ensure you receive all the compensation you’re entitled to under North Carolina workers’ compensation law.