A quick summary of the types of benefits available in North Carolina
Brief Overview of Benefits Available in North Carolina Workers Comp Cases
II. TYPES OF WORKERS
All injuries on the job are different, and present different types of
issues. If you are injured on the job, you may be entitled to workers
compensation benefits. The nature of benefits you are entitled to will
depend on the unique facts of your case and severity of your injury, as
well as your wage rate.
Forms of Benefits
Before injured workers can receive any form of compensation, they
must file their workers compensation claim. If the employer denies the
claim, the employee must file for a hearing with the North Carolina
Industrial Commission. It is best to seek legal advice early in the
process, to make sure you don*t do anything that might jeopardize you
getting full and fair compensation for your claim. Here are some of
the types of cash benefits and wage replacement benefits you may be
Temporary Total Disability * (TTD)
In North Carolina You may be entitled to Temporary Total Disability
(TTD) if you have been injured on the job. This is the main protection
that North Carolina Workers Compensation Law provides to meet a
family*s financial needs while a wage earner is out of work. TTD is
payable when emplolyees become totally disabled on a temporary basis
as a result of workplace activities. After a seven day waiting period,
employees are entitled to obtain weekly benefits equal to two thirds
of their average weekly wage up to the maximum amount allowed by
North Carolina Law. If the disability continues for more than 21 days,
the employee is entitled to receive these workers comp benefits for the
first seven days as well.
There are many factors that can affect your entitlement to TTD, as
well as the amount of TTD you are entitled, to. Call us for experienced,
reputable, and aggressive legal advice and representation.
Partial Permanent Disability * (PTD)
Insurers are often very aggressive in defending cases; Partial
Permanent Disability is an issue that you may be facing opposition on
from your employer*s insurer. Partial Permanent Disability is a form of
workers compensation benefits that injured workers may be entitled to
after they have returned to work, but are earning less than they were at
the time of the injury. In these situations the employee may be entitled
to two thirds of the difference between their post and pre-injury wages.
A worker who is entitled to or is receiving PTD should seek counsel
from an experienced attorney in representing injured workers.
Permanent Partial Disability * (PPD)
PPD benefits are recoverable when employees have sustained a
permanent disability to a specific body part. Benefits for less than the
total loss of a body part are calculated by the treating physician on a
percentage basis. This is called your PPD rating. There are also benefits
for damage to internal organs. The North Carolina Workers Comp Act is
very case specific on these issues. What especially requires experienced
advice is when to settle, when to go after other workers comp benefits
that may be more substantial than PPD benefits, and other issues.
First things to Do Following an Injury on the Job
III. THE FIRST THINGS YOU SHOULD DO IF
INJURED ON THE JOB
Report your injury to your Employer and seek out
appropriate medical treatment.
Your employer may have a health care provider on your work site
and if consistent with your employer*s instructions present yourself to
that health provider if appropriate.
If you do not have access to an on-site health provider, your
employer may have instructed you to present yourself to a designated
health care office in case of work related injuries. If appropriate to the
seriousness of your injury, report to that facility.
If there is no employer on-site or designated off-site health care
provider, seek medical care appropriate to your medical needs.
Depending on your circumstances, appropriate health care may be
obtained from your family doctor or a hospital emergency room.
Tell your health care provider that your injury is related to your work
and the name of your employer. This information allows the health care
provider to bill treatment as a Workers* Compensation claim.
As soon as possible, inform an appropriate manager of your
employer or the owner of your company that you have experienced a
work related accident. If you can personally report your injury, do so. If
you are unable to report your injury because of your medical condition,
have a family member, friend or health care provider notify your
employer of the injury as soon as possible.
As soon as practical after the accident, and within thirty days, give
written notice to your employer. A simple written statement giving the
date of the accident and a brief description of the injury is all that is
necessary. If you cannot write the letter, have a friend or family member
write it for you and send it to the employer. Keep a copy of the letter for
Follow your physician*s instructions for medical treatment. The goal
of the Workers* Compensation System in North Carolina is to ensure
that you get good health care to restore you as nearly as possible to the
health and ability to work that you had prior to your injury.
Following these five simple steps will ensure that your injury is
properly reported, you receive appropriate health care quickly and that
your employer can initiate workers* compensation medical benefits.
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