Generally speaking an injured worker with an accepted or
compensable claim is entitled to the following benefits:
- Medical Care
The injured party has the right to all
reasonable necessary treatment to cure or relieve the effects of
the injury. Included under medical treatment compensation are
all medical bills, prescriptions, and even mileage, if the
roundtrip from your home to the medical provider is more than 20
miles. Generally, a patient has to use the company doctor. In
some limited circumstances, a patient may choose a different
doctor, but a motion to the Industrial Commission is often
required to make the change.
- Temporary Disability
If the injured party must take time away from work due to
medical reasons related to the injury, he or she might be
entitled to temporary total disability payments (TTD) that would
provide him or her with partial compensation for lost wages.
There is a specific maximum pay rate, but this compensation rate
normally equals about two-thirds of one's average weekly gross
pay, and is paid out every week. After the doctor verifies an
inability to work and the injured worker has missed more than 7
days consecutively, the first temporary total disability check
should arrive within a few weeks.
- Permanent Disability
If a worker can't completely recover from the effects of an
injury, he or she could be entitled to a monetary award for his
or her permanent disability. Permanent disability means that the
injured party has lost some ability to compete in the open labor
market of uninjured workers. The amount and rate at which
permanent disability is paid depends on how great a limitation
the injury places on one's earning capacity, the part of the
body injured and earnings at the time of injury. Under North
Carolina Workers' Compensation Act, permanent partial
disability compensation is calculated in two ways. One way is by
a permanent partial disability (PPD) rating to a particular part
of the body. A second way is by the loss of a person's earning
capacity over 300 weeks. These benefits are generally payable
based on a percentage difference between the employee's pre and
post-injury earnings. If a person is unable to return to any
suitable employment for the rest of his or her life, that person
is permanently and totally disabled and will receive weekly
payments for the rest of his or her life or until the case is
settled.
- Vocational Rehabilitation
If an injury prevents a return to one's former job,
assistance in getting another job, vocational rehabilitation,
might be included in workers' compensation benefits. During
vocational rehabilitation, the injured worker continues to
receive temporary disability. The vocational rehabilitation
process is designed to help the injured worker regain suitable
employment, but in practice it often merely serves as a
harassment.
Remember, if there is any change in an employee's work status
while he or she is receiving workers' compensation benefits, the
employer or the insurer should be notified immediately, as well as
the employee's attorney. Failure to do so may have adverse effects
on the employee's right to receive benefits. You have two years
after you receive your last payment to request additional medical
treatment or other benefits if your condition worsens. Workers are
frequently offered an additional amount on top of their entitlement
in exchange for their agreement not to pursue additional benefits
and not to reopen the case if the condition worsens. This is called
a clincher agreement. Carefully consider the effect of such an
agreement before executing it.
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