The North Carolina Workers’ Compensation Act outlines the benefits payable to an employee who is injured on the job. The injury may be related to an accident or an occupational illness. Workers’ compensation benefits are outlined by law in each state. Here are some of the specifics related to North Carolina workers’ compensation claims:
- If you miss work, you will not be paid for the first 7 days missed UNLESS you miss more than 21 days. At that point, you would be paid for the first 7 days.
- Payments are typically made on a weekly basis.
- The payment amount is set at 66 2/3% of your average weekly wage, not to exceed the cap set by North Carolina ($862 for 2012). The minimum average weekly wage is set at $30.
- Workers’ compensation payments may continue until the employee is released to return to work.
- If the employee is unable to return to work once maximum medical improvement is reached, partial or total disability payments may be made to the employee.
- If the employee is able to work but unable to return to the same job, he or she is eligible for assistance through the North Carolina Division of Vocational Rehabilitation Services.
With a simple injury that heals within a few weeks, and where the employee is able to return to the same job at the same rate of pay, the process is fairly simple. It becomes more complex when the injured worker is, for some reason, refused care, or when the injured worker is unable to return to work. In situations involving occupational illness, workers’ compensation insurers may claim the illness is not work related, causing the employee to have to prove that it is. Cases may also become complicated when a third-party is responsible for your injury. If you have been injured on the job in Raleigh, Durham, Fayetteville, Charlotte or elsewhere in North Carolina and believe you are not receiving the workers’ compensation benefits you deserve, you should consult with a North Carolina workers’ compensation attorney. Contact Merritt Webb for a free initial consultation.