Has a workplace injury left you completely unable to work? Temporary total disability (TTD) benefits exist to help injured workers in North Carolina make ends meet while they focus on recovery, but many workers encounter obstacles when they try to claim them.
An experienced workers’ comp attorney at Younce, Vtipil, Baznik & Banks can walk you through the TTD claims process and help you pursue the full benefits available to you under the law.
Does North Carolina Have Temporary Total Disability?
North Carolina provides temporary total disability benefits through its workers’ compensation system (N.C.G.S. § 97-29). State law requires most employers to carry workers’ compensation insurance. That coverage includes TTD payments for workers who can’t work at all because of a job-related injury or illness.
The North Carolina Industrial Commission (NCIC) administers these workers’ compensation benefits and has the authority to enforce payment, penalize late-paying insurers, and resolve disputes. If your employer or their insurance carrier has denied your claim or refused to pay, our lawyers can help you explore your legal options.
What Qualifies as Temporary Total Disability in Workers’ Comp?
You generally need to meet a few basic requirements to qualify for workers’ comp temporary total disability benefits in North Carolina, including:
- You work for an employer who is required to carry workers’ comp insurance.
- Your injury or occupational disease is considered compensable under North Carolina law.
- As a result of your injury, the authorized doctor orders you out of work for more than seven days of work.
The team at Younce, Vtipil, Baznik & Banks can review your case and help you determine whether you are eligible for temporary disability benefits after an on-the-job injury.
What NC Workers Need to Know About Temporary Total Disability Benefits
Temporary total disability benefits can make a real difference in your recovery after a work-related injury in North Carolina, but many people don’t fully understand how they work until they need them. Before you file a claim, it’s worth knowing what to expect in terms of payment amounts, how long benefits can last, and when they will actually begin.
The following is a breakdown of what the North Carolina workers’ compensation system provides for workers who qualify for TTD benefits.
Amount of TTD Benefits
Under North Carolina’s Workers’ Compensation Act, temporary total disability payments pay two-thirds of your pre-injury average weekly wage (AWW) (N.C.G.S. § 97-29). In most cases, the state calculates your AWW based on your gross earnings (what you earned before taxes, insurance or anything else is taken out) in the 52 weeks before your injury. The maximum weekly benefit amount is adjusted annually, while the current minimum is $30 per week.
If you worked less than 52 weeks for the employer, N.C.G.S. 97-2(5) explains how the AWW should be calculated.
If you believe your employer or their insurance company calculated your AWW incorrectly, an attorney can help you review the numbers and challenge any errors that shortchange your benefits.
Duration of TTD Benefits
Temporary total disability benefits last as long as you can prove you are disabled. They’re intended to replace a portion of your lost wages during the period between your injury and your return to work.
In most cases, North Carolina law caps TTD benefits after 500 weeks from the date you were first disabled by the injury, with very few exceptions (N.C.G.S. § 97-29). That amounts to just under 10 years of coverage, which provides substantial protection for workers with serious, long-term injuries. Unfortunately, the amount of the TTD never goes up with inflation.
Waiting Period Before Receiving TTD Benefits
Before your TTD payments begin, N.C.G.S. § 97-28 imposes a seven-calendar-day waiting period. If you’re only out of work for a short period, you won’t collect benefits for those first seven days.
If your disability extends beyond 21 days, though, the law entitles you to retroactive benefits from the date when your disability first started. This rule effectively eliminates the financial impact of the seven-day waiting period for longer-term injuries.
How to Claim Temporary Total Disability Benefits
There are a few key steps to claim temporary total disability benefits in North Carolina, including:
- Seek medical attention right away. Be sure to tell your treating physician that your injury is work-related and ensure that, if you can’t work, they write you an out of work note.
- Report your injury to your employer as soon as possible, since delays can complicate your claim.
- You or your lawyer must submit a Form 18 to the NC Industrial Commission and your employer to officially file your workers’ comp claim and request your benefits.
- If your employer accepts your claim, they should start making TTD benefits to you within two weeks.
- If your employer or their insurer disputes your claim, an attorney can file a request for a hearing before the NCIC on your behalf.
Get in Touch with Our Raleigh Workers’ Comp Lawyers for Help
If you’re dealing with a temporary total disability claim, you want skilled attorneys on your side who know the system and understand how to prove your disability. The lawyers at Younce, Vtipil, Baznik & Banks have more than 100 years of combined experience handling cases throughout North Carolina, and we’ve recovered more than $150 million for injured people and their families to date.* Here’s what one of our past clients had to say about working with us:
“I don’t know how to begin to thank you for all of the hard work you did on my worker’s compensation case. From day one you had this ease about you. I was able to relax knowing that my legal situation was being handled. If at anytime I or anyone I know need legal counsel, I will be sure to contact your firm.” – Monique S.
We offer free consultations so you can get clear answers about your case with no cost or obligation. Call us now to get started.
*Each case is unique, and past results do not guarantee future outcomes.
About the Author
Joseph R. Baznik
Joseph Baznik is an attorney at Younce, Vtipil, Baznik & Banks P.A. who specializes in workers' compensation and personal injury. Joseph speaks both English and Spanish fluently. He is licensed to practice law in the State of North Carolina and the U.S. District Court for the Western District of North Carolina.
