You have a long way ahead if at all injured on your work premises. Your first concern may be covering your medical expenses. Then comes the lost income if you cannot return to work soon. Understanding the income replacement benefits that may be available is the only way to reduce your anxiety.
In such a time, you need to rely on a North Carolina workers comp lawyer who can explain what benefits you qualify for in your particular case and make the best efforts for you to claim them. Read on to learn about disability benefits and how an attorney can help.
The Different Types of Disability Benefits
Apart from covering your medical expenses, workers’ compensation pays a wage-replacement benefit. It is also known as disability benefits. There are four types of disability benefits available under the workers’ compensation law-
- Temporary partial disability (TPD) benefits.
These benefits are paid to injured workers who can return to work. It’s only on a limited basis, like on light duty or part-time. The TPD benefits partially cover the difference between the pre-injury wages and what they earn during recovery.
- Temporary total disability (TTD) benefits.
If the worker cannot return to work at all, they may qualify for TTD benefits covering up to two-thirds of their lost income while unable to work.
- Permanent partial disability (PPD) benefits.
Some workers, unfortunately, never make a full recovery. They may qualify for permanent partial disability benefits if they suffer a permanent disability and are not disabled. A reliable workers’ compensation lawyer NC can better guide you.
- Permanent total disability (PTD) benefits.
It is provided to workers who suffer a permanent disability that makes it impossible for them to work at all. In most claims, the employee will be awarded temporary disability benefits. It is until a conclusion as to long-term recovery, known as “maximum medical improvement” or MMI. If the MMI is less than a full recovery, they qualify for permanent disability benefits.
TPD Benefits in Detail
To qualify for temporary partial disability benefits, workers should have suffered an injury or illness that keeps them out of work for at least seven days. After which, he can return to work on a limited basis, either immediately after seven days or after a previous period of being unable to work. For both situations, here is what you need to know about TPD benefits:
- TPD covers up to two-thirds of the difference between the average weekly income before injury and the current earnings.
- The limited status must cause a loss of income. Workers do not qualify for TPD benefits if they are earning the same pay while returning to work as before the injury, even on “light duty” or working with other restrictions.
- Affected workers can collect TPD benefits for up to 500 weeks until they fully recover or are permanently disabled.
It sounds fair, but workers should know that the legal process involves complex questions regarding average weekly wages and the extent of your disability. If you have doubts about your TPD benefits, contact a workers comp lawyer Raleigh NC, for help.
TTD Benefits Explained
Temporary total disability benefits are for workers who cannot return to work in any capacity after a work-related injury or illness. Here are the key points to look for TTD benefits:
- TTD benefits cover up to two-thirds of pre-injury/illness weekly income.
- They are available for up to 500 weeks from the date of injury or illness. In some cases, it may get extended.
- TTD benefits are generally paid until the employee returns to work. However, companies may file paperwork with the NC Industrial Commission to ensure that the employee is no longer disabled before that time.
What is Permanent Partial Disability (PPD) Benefits
In every workers’ comp claim, a doctor will declare whether the worker can fully recover or has maximum medical improvement. If there is a permanent disability but can return to the workplace, the doctor will give a disability rating. For example, suppose there is a permanent back injury. In that case, the medical expert may assign a 50% disability rating because the worker will only have half as much mobility as he had previously.
From there, the disability rating matches the schedule of injuries under North Carolina law. It outlines the percentage of the average weekly wages for what period. Using the example, the employee will get two-thirds of the average weekly wages for 150 weeks if there is a 50 percent disability rating for a back injury. To understand the calculation better, seek legal help from a North Carolina workers comp lawyer.
Permanent Total Disability
In the worst-case scenario, a worker faces total disability that prohibits them from working at all. Unfortunately, NC law limits the types of injuries that are considered permanent total disability like-
- Severe burns covering at least 33% of the body
- Certain traumatic brain injuries
- Paralysis of both arms and legs due to a spinal cord injury
- The loss of both hands, arms, feet, legs, eyes,
In the above situation, workers qualify for PTD benefits and receive two-thirds of their pre-injury weekly wages for life.
The Bottom Line
The law firm you choose to give your case to makes a difference. If you are the victim of a workplace accident or an illness, Laura Jenkins, a North Carolina workers comp lawyer, has the depth of experience, knowledge, and sensitivity to make the road to recovery as smooth as possible. Contact (919) 846-7766 today to schedule a free consultation.
