If you have been injured at work you are entitled to Kannapolis workers’ compensation benefits. In most cases, you should be able to pursue the compensation on your own. However, if it becomes difficult, you should consider hiring a workers’ compensation attorney. 1Charlotte is here to help with any workers’ compensation claims. Our workers’ compensation lawyers can help make sure that you receive the correct income benefits after you have been injured at work. Call us now at 704.706.2689 and let us start working on your case.
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Kannapolis Workers’ Compensation Benefits And Their Limits
The various types of workers’ compensation income benefits covered by North Carolina law include the following:
Temporary Total Disability Benefits
Are you unable to work while you are recovering from an injury caused by a workplace accident? Well, you are eligible for temporary total disability benefits (TTD). You will receive these benefits after the first 7 days of your disability unless you have to be away from work for more than 21 days.
TTD benefits add up to 2/3 of your average weekly wages up to the time of your injury. They cap at the legal maximum for the year when you were hurt or suffered a disability. If you suffered your injuries in 2020, you can receive a maximum of $1,066 every week and a minimum of $30 every week. There’s a 500-week limit on how long you should be able to receive TTD benefits and you need to prove that you are still unable to work. Note that, if you are still receiving social security benefits, your TTD benefits will be reduced by the total amount of your social security payments.
Temporary Partial Disability Benefits
Here, you will receive payment as you are healing as you return to work but at reduced wages. There is also a 7 day waiting period, especially for cases that come up after June 24, 2011. You can receive TPD benefits for up to a period of 500 weeks. For worker’s comp cases before 2011, the payment goes up to 300 weeks from the date of the accident. The amount offered in temporary partial disability benefits is 2/3 of the difference between the wages you earn after the injury and the employee’s average weekly wage.
Permanent Partial Disability Benefits
Here, you will receive benefits after you have reached the maximum medical improvement. Simply put, your doctor needs to prove that you can’t get better even with further treatment but still suffer impairment to one of your body parts. Note that you must have scheduling injuries that are disabling regardless of whether or not there is an actual wage loss. Under North Carolina law, each scheduled body part will be assigned a specific number of weeks.
For instance, if your hand is injured, you will be assigned 200 weeks of benefits. Next, your doctor will issue you with a disability rating that determines the percentage of loss of function to the specific body part. The disability rating will be determined by multiplying the compensation rate, the impairment rating percentage, and the number of weeks to receive compensation.
Permanent Total Disability Benefits
If you are unable to work in suitable employment after your workplace accident, you should be able to receive your PTD benefits. You should be able to receive these benefits after suffering the loss of both arms, hands, feet, legs, eyes, or a combination of any of these 2 body parts. You are eligible for PTD payments if you have also suffered a spinal injury that involves severe paralysis of the trunk, legs, and arms, as well as certain severe brain or closed head injuries and 2nd or 3rd degree, burns to at least 33% of your body.
How Are Workers’ Compensation Benefits Calculated And Are They Taxable?
They are determined using the average weekly wage which is the amount you can receive weekly after a total disability. The AWW can be determined in the following ways.
If you have been in the job for more than a year, the AWW rate will be the total amount earned 52 weeks prior to the injury divided by the 52 weeks by excluding any periods of 7 days or more not worked.
If you have worked less than 52 weeks, the AWW rate will be the total amount you have earned during that period divided by the total weeks worked.
If it’s a shorter period and it’s not fair to apply the 2nd rule, the wages of a similar employee will be considered. If none of the above methods are applicable, the AWW rate will be the lowest amount you would be earning if you weren’t injured. Workers’ compensation benefits are not taxable by the state or federal government.
Contact Our Lawyers To Review Your Workers’ Comp Benefits
1Charlotte is the best choice if you are looking for the best North Carolina workers’ compensation lawyers. We understand the NC law regarding workers’ compensation benefits and are here to make sure that you receive the amount you deserve after getting injured at work. Call us now and make an appointment with the best personal injury attorneys for your workers’ compensation claims in NC.
