If you have been injured while performing your job in Charlotte, North Carolina, you are entitled to claim Charlotte workers’ compensation benefits for your injuries from workers’ compensation insurance. It is important to understand how the insurance scheme works when you plan to file a workers’ comp case.
Workers’ comp insurance provides many benefits to employees who are injured on the job.
You can claim lost wages, medical expenses, death benefits, and disability benefits depending on the extent of your injuries and whether your injury is covered under the scheme. But your employer and their insurance company may stand in the way and prevent you from getting the rightful compensation that you deserve.
That’s why you need to hire the best workers’ comp lawyer in Charlotte, NC to help you with your Charlotte workers’ compensation benefits claim.
Charlotte has its own share of worker’s compensation attorneys, but all of them are not created equal. You should do your homework before picking the right attorney to represent your case and help you obtain maximum Charlotte workers’ compensation benefits for your injuries.
1Charlotte is your trusted partner when it comes to getting the rightful claim you deserve. Our workers’ comp lawyers are well experienced in handling workers’ comp cases and winning millions of dollars on behalf of their clients.
Our team will handle all the legal responsibilities concerning your Charlotte workers’ compensation benefits claim while you recover from your injuries and recuperate.
Call 1Charlotte at (704) 706-2689 to handle your workers’ comp claim in Charlotte NC and obtain maximum compensation for your injuries.
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North Carolina Workers’ Compensation Income Limits
Workers’ comp insurance includes employers’ liability insurance to protect the employer from employee-related lawsuits arising from employer negligence.
In fact, Part-A of workers’ comp insurance pays out an unlimited amount for medical expenses and lost wages while Part-B or employer’s liability insurance protects the employer in case the employee sues for additional damages.
This cover will cover legal expenses, court fees, attorney defense fees, and settlements. Employer liability limits are included in each policy. Even though the business owner can decide to increase the limits for coverage, the limits in NC are:
- $500,000 limit for bodily injuries by disease
- $100,000 for bodily injuries per occurrence
- $100,000 per employee for bodily injury by occupational disease
Types of Charlotte Workers’ Compensation Benefits
There are four types of disability benefits under workers’ compensation insurance. The type of benefit may depend on how long the disability is expected to last and the extent of the disability:
Temporary Total Disability Benefits In NC Workers’ Comp (TTD)
TTD will be paid after the accident or illness during the healing process. If the injured employee cannot work in any capacity, temporary total disability benefits are available to him or her. The employee should wait for seven days to receive TTD in NC.
If the disability lasts for more than 21 days, the employee will be paid for the seven-day waiting period too.
TTD benefits can continue for 500 weeks with the possibility of extending the period under certain circumstances. The amount of the TTD payment in NC is 2/3rd of the employee’s average weekly wage. Payments will be made weekly unless the NC Industrial Commission decides otherwise.
Temporary Partial Disability Benefits In NC Workers’ Comp (TPD)
TPD is paid when the injured employee returns to work during the healing period – in another capacity at a reduced wage. The 7-day waiting period applies to TPD as well.
TPD can also continue up to 500 weeks. The amount of the TPD payment is 2/3rd of the difference between the wage the employee is earning after the injury and the employee’s average weekly wage.
Permanent Partial Disability Benefits In NC Workers’ Comp (PPD)
PPD will be paid when the injured employee reaches the end of the healing period – which is called the Maximum Medical Improvement (MMI). But the employee should continue to have impairment to one of the body parts that affect his/her job performance. These injuries are known as “Scheduled Injuries.”
Each body part listed under “Scheduled Injuries” has a specific number of weeks of benefits. For example, the hand is assigned 200 weeks of benefits.
Permanent Total Disability Benefits In NC Workers’ Comp (PTD)
PTD is paid under limited circumstances to an injured employee who meets certain criteria. These employees are entitled to disability payments for life. It is paid when an employee has lost both arms, both hands, both feet, both legs, both eyes, or any combination of two body parts.
It also covers spinal injuries that result in paralysis and severe brain or closed head injuries.
How Are Charlotte Workers’ Compensation Benefits Calculated?
The average weekly wage (AWW) of the employee plays an important role in calculating workers’ comp benefits. North Carolina General Statute 97-2(5) states how the injured employee’s AWW is calculated. There are four methods such as:
If the injured worker has been working for more than one year, the AWW is the total amount of money earned during the 52 weeks prior to the injury divided by 52. It should exclude any periods of 7 or more days not worked.
If the injured employee has worked less than one year, the AWW is the total wages earned divided by the number of weeks worked.
If the employment of the injured employee is very short, the wages of similar employees are considered.
If none of the above methods are applicable, the AWW is the amount of money that would closely approximate the amount of money the employee would be earning if not for the injury.
Are Charlotte Workers’ Compensation Benefits Taxed?
Workers’ comp payments are not taxed in North Carolina. But if an injured worker returns to work in light or modified duty, the wages he or she receives will be taxed.
If the employee is also receiving TPD benefits while working, the TPD payments are not taxable.
When you are injured on the job, you are entitled to claim compensation for your injuries under workers’ comp insurance. You need to hire the best workers’ comp lawyer in Charlotte NC to handle your claim.