Are you in need of Monroe Workers’ Compensation benefits? Have you recently been injured at your job? You may have potentially contracted a disease as a result of your responsibilities at your place of employment. If any of this has happened to you, you will need to file for Workers’ Compensation income benefits. However, this is often not a straightforward process. You must understand North Carolina law regarding Workers’ Compensation and what your rights are in this process.
If you would like to file for these benefits but are not sure of how to proceed, getting legal advice would be the next step. If you would like more information or guidance on filing for Worker’s Compensation benefits, you can contact our Monroe Workers’ Compensation lawyers at 704.706.2689 or through our contact form.
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What Are North Carolina Workers’ Compensation Income Benefits?
These benefits are provided to workers who have been injured or become ill as a result of activities at their place of employment. According to workers comp laws in North Carolina, they are entitled to not only payment for medical treatments but also partial wage replacement.
This does not include recovery from pain and suffering. However, you are entitled to economic loss compensation. These are limited benefits, which is why it is important to file your claim very carefully when requesting these benefits in the state.
Different Types Of Worker’s Compensation Benefits In North Carolina
There are two types of benefits associated with workers comp benefits in North Carolina. First of all, receiving medical treatment is one of them. These are designed to provide pain relief, help you recover from injuries, and you are not required to pay a deductible or co-pay to get access to them.
That being said, not every injury at the workplace is going to be covered. If it is not, a second opinion may be obtained. The other benefits include monetary disability benefits. This is an amount of money that you are entitled to based upon your average weekly wage. There are four different types including TTD, TPD, PPD, and PTD.
Temporary Total Disability Benefits
TTD benefits are monetary benefits provided to those who are going through the healing process after the onset of a disease or the occurrence of an accident. They will receive these benefits if their employer is not able to provide proper accommodations for their condition, or if the physician deems it better for them to not go back to work.
Each employee that receives these benefits must wait seven days before receiving any compensation at all. After 21 days, they will receive the money from the first seven days, and this can continue for up to 500 weeks if the workers’ comp claim was filed after June 24, 2011.
Temporary Partial Disability Benefits
This type of benefit also involves payments made to the worker who is in the healing period. They must also wait a total of seven days before receiving benefits. The total amount of the TPD benefits represents two-thirds of their average weekly wage. These benefits will also extend for up to 500 weeks.
Permanent Partial Disability Benefits
PPD benefits are those benefits that are paid to the worker once the healing period is over. This is technically referred to as MMI. It is the point of maximum medical improvement. If the worker continues to be impaired, they must qualify for additional benefits listed on schedule N.C.G.S. 97-31. If the injuries are on the list of scheduled injuries, there is a designated amount of time that is associated for each body part regarding how long those benefits will remain.
Permanent Total Disability Benefits
PTD is payable to North Carolina workers through workers’ comp but in a limited capacity. They must reach certain criteria, and if they do, they may receive disability payments for the rest of their life. Again, if this was filed after June 24, 2011, these benefits are only paid based upon certain criteria. This could be the loss of body parts, developing paralysis, brain injuries, or if 33% or more of their body was burned as a result of activities at their job.
How Are These Benefits Calculated?
It is very important that this calculation be correct. It is based upon the AWW which represents their average weekly wage. It is the literal basis for what is called the comp rate, the total amount paid to the worker that has been deemed disabled. It is the North Carolina general statute 97-2(5) that determines the average weekly wage that they will receive.
This will take into account certain factors such as have they been on the job for more than a year, or less than a year, and then a calculation can be derived. This amount is based upon their pretax income and can include bonuses, per diem, allowances, and over time they may have received. Once the average weekly wage has been calculated, the compensation rate will be determined, and it can be per the NC Industrial Commission.
Can Your Workers’ Comp Benefits Be Taxed Or Not?
The money that is received by workers cannot be taxed. This is true for both federal and state government taxes. It is a type of tax exemption that is also applied to not only weekly benefits, but to settlements, and also the money received by a deceased worker’s survivors. Determining whether or not this calculation is correct can be difficult to ascertain. If you believe that it is not, or if you are not receiving your benefits, you may want to consult with a law firm that can help you resolve your case.
The Best Firm to Call About Monroe Workers’ Compensation Benefits
If you have been injured at work or contracted a disease due to your job, filing for workers’ compensation in North Carolina would be the next step. However, following through with this step often requires some consideration, especially regarding the many complexities associated with determining your average weekly wages.
If you need help with your workers’ comp claim, 1Charlotte is here to help. We will know exactly what to do and how to help you. To ensure that you get the maximum benefits from your employer through workers comp, contact our Monroe personal injury lawyers today through the contact form or at 704.706.2689.
