Have you been injured while on the job? Are your injuries serious or life-threatening? Are medical bills piling up? Well, if you are a victim of a work-related accident, then you may be owed worker’s compensation income benefits. Filling or handling the compensation benefits process can be a challenging affair, especially when you are recovering. For this reason, it would be beneficial to consult a Huntersville workers’ compensation benefits lawyer at 1Charlotte.
We offer free initial case evaluation. During the consultation, we answer every question related to legal matters without any obligation. We will help guide you through the process. Talk to one of our workers’ compensation lawyers in Huntersville today, and let us protect your rights.
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Types Of Worker’s Compensation Income Benefits In North Carolina
Worker’s compensation income benefits under the Worker’s Compensation Act in North Carolina are paid only when an employee is disabled. It is wise to note that income compensation benefits are a wide law, and it generally allows an employee to receive a decreased wage-earning ability.
The burden falls on the employee to provide proof of the disability. If both (often the case) the employer and the employee disagree over whether the employee is entitled to wage replacement benefit and the amount of benefit, the North Carolina Industrial Commission will resolve the issue.
Under the North Carolina worker’s Comp Act, there are four types of benefits an injured employee can receive. These four types can be divided into two groups (based on how long the disability is expected to last): that is temporary or permanent. Under each, it is divided based on the extent of the injury: that is total or partial.
Temporary Disability
Temporary compensation income benefits vary from case to case according to the North Carolina Workers Compensation Act. In other words, it does not have a fixed amount, and the compensation an employee will get varies based on the extent of their injuries.
Temporary Total Disability Benefits (TTD)
This compensation type is only payable over a specific healing period after an accident or the date of occupation disease diagnosis. This TTD compensation does not cover the first seven days (comes with a seven-day waiting period), not unless the expected healing period exceeds 21 days. TTD is payable only up to a year with a possibility of an extension in some circumstances.
Temporary Partial Disability Benefits (TPD)
The seven-day waiting period also applies to this type of compensation. TPD is payable during the healing period when a worker who has been injured returns to some work, but it is given, at a reduced wage. The payment will be two-thirds of the difference between wages earned.
Permanent Disability
Permanent Disability benefits differ depending on the extent of the disability. There is a possibility that your TPD benefits will overlap with your PPD benefits. When this happens, you will have to choose one of the two.
Permanent Partial Disability Benefits (PPD)
This type of compensation is payable when the employee who has been injured has reached the end of the healing period but continues to have the impairment to a body part listed in the Workers’ Compensation Act. This is called the Maximum Medical Improvement (MMI). These types of injuries are referred to as ‘Scheduled injuries,’ which are presumed to be disabling under the North Carolina Workers’ Compensation Act. With this type of compensation, it does not matter if there is a wage loss or not. For example, under the NC Workers Comp law, a hand is assigned a 200-week worth of benefits.
Permanent Total Disability Benefit (PTD)
Under the Worker’s Compensation Act, this type is only payable under specific limited conditions to those employees that meet specific criteria. PTD benefits are given to an employee who is unable to work in a suitable environment. This benefit is awarded to those employees who have lost both arms, legs, feet, eyes, or a combination of two or more in this list. It is also awarded to those who have suffered severe paralysis of both arms and legs. It is given to those who have suffered severe brain or head injuries and those who have suffered second or third-degree burns.
How Is Workers Compensation Benefit Calculated?
In North Carolina, the basis or bottom line for a worker’s compensation calculation is the average weekly wage an employee receives. The NC General Statute 97-2(5) controls the determination of an injured employee’s average weekly wage. This law sets out four methods for determining the average weekly wage, which must be followed in the following order:
- If an employee has been working for a year, then the average week is the total amount earned for the year, divided by the 52 weeks (excluding the seven days waiting period).
- For those who have not worked a full year, the average is determined by calculating the total amount earned and dividing it by the number of weeks worked.
- If the working period is too short, then an estimation will take effect (based on a similar employee)
- If none of the above applies, then an average is closely approximated based on the amount the employee would have received if they were not injured.
Are Workers’ Comp Benefits Taxed?
In a nutshell, Worker’s Compensation is not taxed by either the federal or state governments. There are tax exemptions to settlements and weekly benefits.
Call Our Huntersville Workers’ Compensation Benefits Attorneys
If you have been injured while at work, you may be liable to receive worker’s compensation. Our Huntersville personal injury attorneys can assist you with filing a workers’ compensation claim, taking the stress and confusion out of the process. At 1Charlotte, we are ready to help you. Call us at 704.706.2689 or fill out our contact form for your free consultation!
