Workers' Comp Benefits You May Be Entitled To

Find Out How We Can Help You

Wage Replacement and Cash Benefits

Temporary Total Disability (TTD): If the employee remains unable to earn wages after the first seven (7) days of disability, the employee may be entitled to weekly benefits equal to two-thirds (2/3) of his or her average weekly wage up to the maximum compensation rate for a period not to exceed 500 weeks from the date of disability, unless the employee qualifies for extended compensation. After disability has continued more than twenty-one (21) days, the employee is entitled to received compensation for the first seven days of disability. The days counted do not have to be consecutive. Weekend days, holidays, and any workday in which the injured employee does not earn a full day's wages because of the injury are counted as a day of disability, even though the employee may earn some wages.

Temporary Partial Disability (TPD): If upon obtaining post-injury employment, the employee is unable to earn wages as great as those earned pre-injury, the employee is entitled to compensation equal to two-thirds (2/3) of the difference between the post-injury and pre-injury average weekly wages, so long as the amount does not exceed the statutory maximum weekly benefit. Temporary partial disability benefits may not continue beyond five hundred (500) weeks, and any number of weeks wherein temporary total disability benefits were paid will be deducted from the 500-week maximum.

Permanent Partial Disability (PPD): If at the end of the healing period, there is a permanent impairment to one of the member parts of the body listed below, the employee may receive a set period of benefits without regard to his ability to earn wages. Total loss of use of the part entitles the employee to two-thirds (2/3) of his average weekly wage, times the number of weeks shown following the body part below. Benefits for less than total loss are figured on a percentage basis.

Thumb

75 Weeks

Arm

240 Weeks

First or Index Finger

45 Weeks

Foot

144 Weeks

Second or Middle Finger

40 Weeks

Leg

200 Weeks

Third or Ring Finger

25 Weeks

Eye

120 Weeks

Fourth or Little Finger

20 Weeks

Hearing (one ear)

70 Weeks

Great Toe

35 Weeks

Hearing (both ears)

150 Weeks

Any Other Toe

10 Weeks

Back

300 Weeks

Hand

200 Weeks

The percentage of disability is determined based on physicians' ratings of the percentage of physical permanent impairment. If there is a dispute between physicians regarding impairment ratings, the Industrial Commission will determine the percentage of disability.

Total and Permanent Disability: The loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof; spinal injury involving severe bilateral paralysis; severe brain or head injury; and certain sever burns constitutes total and permanent disability, and entitles the worker to weekly benefits and medical compensation during his or her lifetime.

Calculating the Compensation Rate: The weekly rate of compensation cannot be less than $30.00 or more than $920.00 for injuries occurring after January 1, 2015. The maximum compensation rate is adjusted annually. The average weekly wage is usually computed by averaging all wages earned by the employee in the employment in which the employee was injured (including overtime, paid holidays, special allowance for board, lodging, etc.), during the 52 weeks prior to the injury. If the employee has lost more than seven (7) consecutive calendar days at one or more times, these days are excluded from the calculation. If the employee has worked only a short time in the employment in which injured, or for other reasons this formula does not fairly reflect earnings, the Industrial Commission will compute a fair average weekly wage for the employee as provided by the Act.

At Miller Law Firm, PLLC, in Raleigh, we fight for people throughout North Carolina that have been injured at work. Please contact us for a free initial consultation so that we can help you through this process.