There are different types of disability benefits in
workers' compensation claim cases. If you have been injured on the job in North
Carolina, learning more about these categories may help you understand your
workers' compensation case.
Temporary partial disability benefits are those
that an employee may be entitled to receive after he has returned to work, but
is earning less in wages than those earned prior to his injury. If appropriate
medical documentation exists to support this aspect of the employee's claim, he
may be entitled to compensation equal to two-thirds (2/3) of the difference
between his post-injury and pre-injury weekly wages, so long as the amount does
not exceed the maximum weekly benefit allowed by law. The North Carolina
Industrial Commission and Courts have determined, however, that an employee may
not continue to receive temporary partial disability checks for more than three
hundred (300) weeks after the date of the injury. Additionally, the number of
weeks when temporary total disability benefits are paid may be deducted under
certain circumstances from the three hundred (300) week maximum timeframe for
temporary partial disability benefits. If you have been injured on the job,
call us now to see if our workers' compensation team can help you with your
workers' compensation claim.
Permanent partial disability benefits are those
which an employee may be entitled to receive if the employee has sustained a
permanent impairment rating to certain body parts covered under the Workers'
Compensation Act at the end of her healing or recovery period, which is known
as maximum medical improvement. The Workers' Compensation Act states the total
number of weeks to which an employee is entitled to receive compensation for
the total loss of a listed body part.
Benefits for less than the total loss of a body
part are calculated on a percentage basis. For example, the impairment rating
for total loss of use of a person's back is 300 weeks of weekly benefits. If an
employee has sustained a 10 percent rating to her back, this aspect of the
employee's workers' compensation claim would entitle her to 30 weeks of weekly
benefits, as this period equates to 10 percent of 300 weeks. The percentage of
disability is determined based upon a physician's ratings under the North
Carolina Industrial Commission Rating Guide. The employee may be entitled to
substantial additional benefits beyond the disability rating alone, however,
depending on the specific facts of his claim. An employee is also entitled to a
second opinion evaluation by a physician of her choice under certain
conditions. If you have been injured on the job, call us now to see if our
workers' compensation team can help you with your workers' compensation claim.
Total and permanent disability benefits may be
potentially paid to the employee for his lifetime when the employee's injury
renders him unable to return to any form of suitable employment on a permanent
basis. The North Carolina Industrial Commission and Courts make this
determination on a case-by-case basis. Certain injuries, such as the loss of
both hands, both arms, both feet, both legs, both eyes, or any combination of the
two thereof, can be deemed by the North Carolina Industrial Commission and
Courts to constitute a case of total and permanent disability which may entitle
the employee to weekly benefits and medical compensation over the course of her
lifetime. If you have been injured on the job, call us now to see if our
workers' compensation team can help you with your workers' compensation claim.
Disfigurement, such as scarring, and damages to
internal organs, which are not listed specifically under those body parts that
are entitled to permanent partial disability ratings in N. C. Gen. Stat.
§97-31, may entitle the employee to additional compensation. In the case of
disfigurement or scarring, the employee may be entitled to up to $10,000.00 for
injuries to body parts which were not specifically covered under N. C. Gen.
Stat. §97-31 for permanent impairment ratings. In the case of permanent injury
or loss to an important organ of the body, which excludes those body parts for
which disability ratings are specifically listed under N. C. Gen. Stat.
§97-31, the amount of additional compensation may be up to $20,000.00. The
North Carolina Industrial Commission and Courts may allow no compensation for
scars or disfigurement when the employee is paid for a permanent disability
rating to the same body part. If you have been injured on the job, call us now
to see if our workers' compensation team can help you with your workers'
compensation claim.