At 1Charlotte Injury Lawyers, we focus on helping injured workers in North Carolina get the workers compensation benefits they deserve. We understand how stressful it is when an injury keeps you from working and supporting your family. That’s why we work directly with our clients, guide them through the claims process, deal with the insurance company, and fight to secure full benefits. If you’ve been hurt on the job, we are here to help you every step of the way.
If you are injured at work in North Carolina and can’t return to work after injury, you may be worried about how to support yourself and pay for medical care. Many injured workers ask, “What happens if I can’t return to work after injury?” The answer depends on your medical condition, work restrictions, and the type of workers compensation benefits you qualify for.
In this blog, we explain what happens if you can’t return to work after injury, the types of workers compensation benefits you may receive, and how working with an experienced Charlotte workers’ compensation lawyer can help protect your rights and ensure you get the benefits you deserve.
Understanding Workers’ Compensation in North Carolina
Workers’ compensation in North Carolina provides benefits to employees who are injured on the job. These benefits cover medical care, lost wages, and disability payments. Below is a clear breakdown of how workers’ compensation works in this state.
What Is Workers’ Compensation?
Workers’ compensation is a system that pays benefits to employees who suffer a work injury. If you are hurt on the job, you may qualify for workers’ comp benefits. These benefits include medical treatment, disability payments, and coverage for lost wages. The employer’s insurance company pays these benefits. You do not have to prove that your employer was at fault to receive workers’ compensation benefits.
Who Is Eligible for Workers’ Compensation Benefits?
Most employees in North Carolina are covered by workers’ compensation. To qualify, you must be an employee—not an independent contractor. The injury must happen while you are doing your job duties. If you are injured while working, you should report the injury to your employer right away. Delays in reporting can hurt your workers’ comp claim. You also need to seek medical care from an approved treating physician.
What Benefits Can an Injured Worker Receive?
If you can’t return to work after injury, you may receive several types of benefits. These include medical treatment, temporary disability benefits, and permanent disability benefits. Medical care covers hospital visits, surgery, and medications. Temporary disability benefits replace a portion of your wages if you cannot work for a period of time. Permanent partial disability benefits are available if you suffer lasting physical limitations. Permanent total disability benefits are paid if you cannot return to any suitable employment.
What Does Workers’ Compensation Not Cover?
Workers compensation does not pay for pain and suffering. It also may not cover injuries that happen outside of work. If you were under the influence of drugs or alcohol when the injury occurred, the insurance company may deny your claim. Always report your injury as soon as it happens and seek proper medical treatment to protect your right to workers’ comp benefits.
The Role of Maximum Medical Improvement (MMI)
Maximum Medical Improvement (MMI) is an important step in a North Carolina workers’ compensation claim. It affects what benefits you can receive and whether you can return to work.
What Is Maximum Medical Improvement?
Maximum Medical Improvement means your treating physician has decided that your condition has healed as much as possible. This does not always mean you are fully recovered. It means further medical treatment will not improve your condition. After you reach MMI, your doctor may assign an impairment rating to determine if you have a permanent disability. This rating affects the permanent partial disability benefits you may receive.
Why MMI Is Important for Workers’ Compensation Benefits
Reaching MMI has a direct effect on workers’ compensation benefits. Temporary disability benefits may stop when you reach MMI. After MMI, the insurance company and treating physician will decide if you can return to work, even if it is not your pre-injury job. If you cannot return to your pre-injury employment because of permanent work restrictions, you may qualify for permanent partial disability benefits or permanent total disability benefits.
What Happens After You Reach MMI?
Once you reach MMI, your doctor will decide if you can return to work. Some injured workers are released to full duty with no restrictions. Others may be limited to light duty or may not be able to work at all. If you cannot return to any suitable employment, you may continue receiving workers’ comp benefits under permanent total disability. Your employer may offer a light duty job that fits your work restrictions. If they cannot accommodate these restrictions, you may qualify for ongoing weekly benefits.
Challenging an MMI Finding or Impairment Rating
If you disagree with the MMI decision or the impairment rating, you have the right to challenge it. You can request a second opinion from another doctor. You may also request a hearing with the North Carolina Industrial Commission (NCIC) to review your workers’ comp claim. Speaking with a workers compensation attorney can help protect your right to receive fair benefits after reaching MMI.
If You Can’t Return to Work After Injury: What Are Your Options?
If you can’t return to work after injury, you may qualify for different types of workers’ compensation benefits in North Carolina.
Temporary Disability Benefits
If you can’t return to work after injury at all, you may receive temporary total disability (TTD) benefits. These weekly benefits are usually two-thirds of your average wage before the injury. If you return to work but earn less because of light duty or reduced hours, you may receive temporary partial disability (TPD) benefits to cover part of the difference. Temporary disability benefits are meant to help until you reach maximum medical improvement (MMI) or can return to suitable work.
Permanent Partial Disability Benefits
If you reach MMI but can’t return to work after injury, you may be entitled to permanent partial disability (PPD) benefits. These benefits are based on your doctor’s impairment rating and the body part affected. The North Carolina Industrial Commission (NCIC) uses a set schedule to decide how many weeks of benefits you will get. Even if you can work in a limited way, you may still qualify for PPD benefits if your injury caused permanent damage.
Permanent Total Disability Benefits
If your injuries are severe and you can’t return to work after injury, you may qualify for permanent total disability (PTD) benefits. These benefits may continue for life and cover lost wages and medical care. Injuries that may qualify include the loss of both hands, both feet, or total paralysis. PTD benefits are for injured workers who cannot perform any suitable employment because of their physical limitations.
Vocational Rehabilitation and Suitable Employment
If you can’t return to work after injury, you may be offered vocational rehabilitation. This service helps you find suitable employment that fits your work restrictions. You may be trained for a different job that matches your abilities after injury. If your employer has light duty or modified work, they may offer that position. However, if they cannot accommodate work restrictions, you may continue receiving workers comp benefits.
What If the Employer Does Not Offer Light Duty?
If your employer refuses to offer light duty or cannot find a role that meets your work restrictions, you should keep getting temporary or permanent disability benefits, depending on your condition. You do not have to accept a job that exceeds your physical abilities as defined by your treating physician. If the insurance company tries to stop your benefits unfairly, you can challenge this through the North Carolina Industrial Commission or with the help of a workers’ compensation lawyer.
Contact an Experienced Charlotte Workers’ Compensation Attorney Today!
If you can’t return to work after injury, our team at 1Charlotte Injury Lawyers is ready to help. We will review your case, explain your options, and fight to get you the workers’ compensation benefits you deserve.
Contact us at (704) 706-2689 for a free claim review today!
