Workers’ Compensation Benefits an Injured Worker Can Receive
North Carolina workers’ compensation covers several benefit categories that help you stay afloat while you recover. Depending on the type, severity, and duration of your injuries, workers’ compensation benefits could include:
- Medical treatment – Workers’ comp covers all reasonably necessary medical care for treating your injury, such as doctor visits, hospital stays, surgery, physical therapy, prescription medications, medical devices, and mileage to and from medical appointments more than 20 miles round-trip. If you are permanently handicapped, it may cover necessary modifications made to your home.
- Temporary total disability (TTD) – If your injury keeps you from working altogether for more than seven days, you may receive weekly payments equal to two-thirds of your average weekly wage, up to a set maximum, for up to 500 weeks.
- Temporary partial disability (TPD) – If you return to work in a reduced capacity and earn less than before because of your injury, partial wage replacement may pay two-thirds of the difference between your pre- and post-injury income for up to 500 weeks.
- Permanent partial disability (PPD) – If your injury causes permanent partial impairment or loss of function in a body part, you may qualify for a set number of weeks of compensation based on the body part affected and the level of impairment.
- Permanent total disability (PTD) – If you are permanently and completely unable to work in any capacity due to severe injuries, you may be eligible for total disability benefits for life.
- Vocational rehabilitation – If you can’t return to your previous job, you may qualify for job retraining, education assistance, or placement services to help you find a new career.
- Death benefits – After a fatal workplace accident, workers’ comp benefits can provide financial support and burial cost coverage for eligible dependents.
Workers’ compensation has never compensated an injured worker for pain and suffering, no matter how serious the injury.
Workers’ compensation creates a vital safety net after a workplace injury. Our firm works to help you seek each benefit you qualify for without unnecessary delays or disputes.
Why Do You Need a Workers’ Compensation Attorney?
The workers’ compensation system in North Carolina is regulated by the Workers’ Compensation Act and governed by the North Carolina Industrial Commission.
Many injured workers try to handle their cases without an attorney for a variety of reasons:
- The insurance adjuster may tell them that he or she does not need an attorney.
- The worker on a limited income may think that he or she cannot afford an attorney.
- The employee may feel that because the system is regulated, there is nothing an attorney can do anyway.
- The employee may fear retaliation by the employer if an attorney is involved.
Certainly, many workers’ compensation cases are resolved without the aid of an attorney. For instance, some injuries are so minor that the employee does not even miss work. However, many workers lose important rights because they delayed hiring an attorney.
Their reasons for delaying the involvement of an attorney are incorrect because:
- Insurance adjusters often do not want knowledgeable attorneys involved because it will prevent them from taking advantage of the trusting employee.
- The workers’ comp system is extremely complicated. Often the employee is unaware of all of his or her rights or how to enforce them.
- There are laws against retaliating against an employee for hiring an attorney.
How Our Workers’ Compensation Lawyers Can Help
A work injury brings pain, lost income, and pressure from your employer or the insurance company. Our attorneys understand these challenges and guide injured workers and their families with clear, steady support from the start.
Here is how our team supports you:
- Clear guidance from day one – We explain the process, outline early steps, and guide you through each stage.
- Dealing with the insurance company – Our attorneys handle all communication, requests, and forms while protecting you from pressure.
- Investigating your accident – We gather records, reports, and witness statements to strengthen your claim.
- Managing medical treatment and records – We keep your documentation organized and help coordinate authorized care.
- Building a strong claim – Our team documents your injuries and shows how they impact your ability to work.
- Hearings and appeals – We represent you before the Industrial Commission or the North Carolina Court of Appeals, drawing on decades of experience.
You stay focused on healing, and we handle the rest with clarity and commitment.
Settlements for North Carolina Workers’ Compensation
The value of your claim is determined by statute and depends mainly on the kind of injury and the extent of any permanency. There are two ways that a workers’ compensation claim can be settled.
The first kind is a settlement agreement written on a form provided by the Industrial Commission and the other is what is commonly called a clincher agreement. The main difference between the two involves your right to future benefits because of a change of condition within two years after the last date you received a check. In the IC form, your right to possible future benefits is preserved. In the clincher agreement, this right is waived in exchange for an additional sum of money.
Settlement of a worker’s compensation case can be complex especially if there are return-to-work issues. Before you sign anything, you should consult a Raleigh workers’ compensation lawyer.
Finally, your claim cannot be settled without your written permission, and all settlements must be approved by the Industrial Commission.
What Is the North Carolina Workers’ Compensation Act?
The North Carolina Workers’ Compensation Act is a series of laws that outline medical and wage benefits for employees injured at work. Most businesses with three or more workers must carry on-the-job injury insurance coverage. Workers’ compensation is no-fault coverage, meaning injured workers do not have to prove their employer did something wrong.
The Act outlines:
- When an injury or illness is compensable
- What benefits the injured employee receives
- How disputes move through the Industrial Commission
- Reporting rules for both employers and employees
At its core, the Act exists to protect workers after sudden accidents or long-term occupational illnesses.
