Understanding Workers' Compensation Law - Part II

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Trying to understand your rights as an employee under the Workers' Compensation Act can be difficult and confusing. We'll break down the law in two parts; Part II discusses compensation, fees, and termination of benefits.

COMPENSATION

a.   If the employee did not work for more than seven consecutive daysat any time during the 52 weeks, the earnings should be divided by the number of weeks remaining after those days have been deducted. Where employment prior to the injury is less than 52 weeks, the AWW is generally determined by dividing the earnings during the period worked by the number of weeks worked.

2011 $836

2012 $862

2013 $884

2014 $904

2015 $920

2016 $944

  1. Temporary Total Disability (TTD) - paid weekly at the employee's compensation rate after the employee has missed seven days of work.
  2. Permanent Total Disability (PTD) - receive a percentage of weekly wages for a certain time period.
  3. Permanent Partial Disability (PPD) - receive a percentage of weekly wages for a certain time period.

* An employee is not entitled to payment for PPD and TTD/TPD at the same time. The employee may elect to receive whichever form of compensation provides the more favorable payout.

FEES:

The North Carolina Industrial Commission requires pre-payment of processing fees for Compromise Settlement Agreements and Form 24 Agreements and Forum 24 Applications. The Processing Fee schedule is as follows:

CSAs/Clinchers $400

Form 26A Agreements $300