An injury or illness that is work-related can cause disruptions to your finances, health, and your general wellness. If you are injured on the job you can recover Gastonia workers’ compensation benefits under North Carolina’s laws.
A 1Charlotte Law Firm workers’ compensation lawyer can help you understand how much, for how long, and when North Carolina workers’ comp benefits are paid. Call 704.706.2689 to contact our Gastonia personal injury lawyers or fill out the contact form to schedule your free consultation.
Table of Contents
North Carolina’s Workers’ Compensation Income Limits
In North Carolina, the weekly compensation rate is equal to 66% of the mean weekly income as of the date of injury. The weekly compensation rate is subject to the statutory $30 per week minimum and maximum established by the North Carolina Industrial Commission.
Types Of Recoverable Workers’ Comp Income Benefits
The Workers’ Compensation Act in North Carolina covers employees affected by the following:
Temporary Total Disability Benefits (TTD)
If your work-related injury renders you unable to work for more than seven days in North Carolina, you qualify to receive weekly benefits amounting to two-thirds of your mean weekly income at the time of your occupational disease or injury. As long as your occupational disease or injury keeps you away from work, you will continue to receive temporary total disability benefits.
If your job-related injury keeps you away from work for more than 21 days (which don’t have to be consecutive), you will be awarded retroactive compensation for the first seven days.
Temporary Partial Disability Benefits (TPD)
If you are unable to do a job that pays as much as the job you had before the accident, you may be eligible to receive two-thirds of the difference between your mean weekly income before the injury and your mean weekly income after the injury as your weekly payments. Additionally, following the date of your occupational disease or job-related injury, you may receive 500 weeks’ worth of TPD benefits.
Permanent Partial Disability Benefits (PPD)
Injured employees qualify to be awarded weekly disability payments depending on the degree of permanent impairment that body part has suffered. Your doctor will establish the degree of permanent impairment.
In North Carolina, your permanent partial disability benefits are computed by getting the product of the number of weeks of compensation allowed for that body part and the percentage of impairment. Fingers, toes, hands, arms, feet, legs, eyes, ears (hearing-related injuries), back, internal organs are the body parts that qualify for PPD benefits. 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 Total Disability Benefits (PTD)
If after a job-related accident you become permanently disabled and rendered unable ever to work again, you may receive two-thirds of your average weekly income at the time of your injury as weekly benefits for as long as you live.
How Are Workers’ Comp Benefits Calculated In North Carolina?
In Gastonia, North Carolina, the workers’ compensation benefits that a worker who got injured on the job can recover is determined by the compensation rate. To calculate the appropriate compensation rate, you first need to establish the highest possible average weekly wage.
Once you have determined an appropriate mean weekly wage, the compensation rate is computed by getting the product of 66% and the mean weekly wage. This compensation rate equals two-thirds of the worker’s average weekly wage. However, no matter the situation, the compensation rate may not be below $30 per week.
The amount of the compensation rate has a statutory cap. In other words, the compensation rate should not go beyond the statutory ceiling, no matter how high the worker’s weekly wage is. Getting the product of North Carolina’s average weekly insured wage and 1.10 then rounding it off to the nearest multiple of $2.00 is how to compute the maximum amount of workers’ compensation rate.
The compensation rate never changes once it has been correctly determined. It will remain unchanged for as long as the employee receives workers’ compensation benefits.
Are Gastonia Workers’ Compensation Benefits Taxed?
In North Carolina, neither the state nor the federal government taxes workers’ compensation payments. Settlements, weekly benefits, and workers’ compensation benefits received by the survivors of a deceased worker are exempted from taxation in North Carolina. However, an injured worker’s benefits are taxable if they return to work in modified or light duty. Temporary Partial Disability payments are generally not taxable. To learn more about your taxation benefits, we suggest you see a tax advisor.
Schedule A Free Consultation With 1Charlotte To Review Your Workers’ Comp Benefits
The workers’ compensation attorneys at 1Charlotte Law Firm have been helping workers injured on the job in North Carolina receive the benefits they deserve for many years.
If you have been unable to return to work because of a job-related injury, our attorneys will take you through the whole procedure and explain all the benefits you may qualify for. We are experienced enough to take on your case and recover maximum benefits for your injury.
Please contact our Gastonia workers’ compensation lawyers today at 704.706.2689 for your free initial consultation. 1Charlotte Law Firm serves all areas in Gastonia, North Carolina.