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Home Workers’ Compensation Attorney Difference Between Temporary and Permanent Disability

difference between temporary and permanent disabilityIf you were injured in a workplace accident in North Carolina, you may be entitled to workers’ compensation. While all qualifying injured employees are entitled to medical treatment coverage (N.C.G.S. § 97-25), the wage loss benefits you could receive depend on whether your injury results in a temporary or permanent disability. Understanding the difference between temporary and permanent disability is crucial for making the most of your workers’ compensation claim and seeking the benefits you need.

Contact Younce, Vtipil, Baznik & Banks in Raleigh at 919-661-9000 for a free consultation with an experienced workers’ compensation attorney about your case. We’ll go over permanent and temporary disability with you and pursue any benefits you may qualify for.

What Is Temporary Disability?

Temporary disability benefits may be payable when you suffer a work-related injury that prevents you from working while you recover, but it is not yet apparent that the disability is permanent. In North Carolina workers’ compensation cases, there are two kinds of temporary disability benefits:

  • Temporary total disability (TTD) – To claim these benefits, you must be unable to work at all for a period while recovering from your injury (C.G.S. § 97-29).
  • Temporary partial disability (TPD) – These benefits are paid if you can return to work in a limited capacity or on light duty but earn less wages than you did pre-injury because of your work-related condition (C.G.S. § 97-30).

Many workers receive temporary disability benefits after workplace injuries with a good prognosis, including fractures, significant sprains, burns, and whiplash.

Temporary Disability Benefits

When you cannot work due to your work-related injuries for more than seven days, temporary total disability benefits will pay two-thirds of your pre-injury average weekly wage, up to a statewide cap for that year (N.C.G.S. § 97-29). If you can return to work part-time or in a lower-paying position due to your work injury’s restrictions, you may be entitled to temporary partial disability benefits if you are earning less than before. These benefits cover two-thirds of the difference between your pre- and post-injury average weekly wage, up to the statewide cap for that year (N.C.G.S. § 97-30).

While there is a seven-day waiting period for wage loss benefits, you can receive back pay benefits for the first seven days you were out of work if you are out for more than 21 days (N.C.G.S. § 97-28). Temporary disability benefits only last until you return to work full-time without restrictions and for a maximum of 500 weeks, with very few exceptions.

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What Is Permanent Disability?

A permanent disability is one that causes permanent impairment to a part of your body or that results in ongoing disability even after you reach maximum medical improvement (MMI). MMI is the point at which additional treatment is unlikely to result in further recovery. There are two types of permanent disability benefits in North Carolina workers’ compensation:

  • Permanent partial disability (PPD) – These benefits can be paid if you have a permanent impairment to a body part but can still work in some capacity (C.G.S. § 97-31).
  • Permanent total disability (PTD) – You may be entitled to these benefits if your work-related injury or illness is so severe that you are permanently unable to work in any capacity (C.G.S. § 97-29).

Workplace injuries that qualify for permanent disability have a lifelong impact, including loss of limbs, spinal cord injuries, hearing or vision loss, and severe traumatic brain injuries.

Permanent Disability Benefits

If you are permanently partially disabled, you can receive compensation based on the body part affected and the disability rating your doctor assigns you. For example, if you lost a hand in a workplace amputation incident, you can receive 200 weeks of compensation equal to two-thirds of your pre-injury average weekly wage. However, if you didn’t lose your hand but lost 50 percent of its function, you could receive 100 weeks (50 percent of 200 weeks) of compensation (N.C.G.S. § 97-31).

In severe cases, an injured worker may never be able to return to work in any capacity. Permanent total disability benefits also provide two-thirds of your pre-injury average weekly wage, up to the statewide cap for that year. However, unlike temporary total disability, there isn’t a 500-week limit on the duration of these benefits. Instead, you can receive benefits for life, assuming you continue to be totally disabled.

Qualifying conditions for permanent total disability include:

  • The loss of both hands, arms, feet, legs, eyes, or any combination
  • Spinal injuries causing paralysis of both arms or legs or the trunk
  • Brain and head injuries with severe and permanent effects
  • Second- or third-degree burns to at least 33 percent of the body

If you don’t fit into any of these categories, you may only exceed the 500 week cap by proving that you can prove that you have a “total loss of wage-earning capacity.” The statute defines that as “the complete elimination of the capacity to earn any wages.” Our North Carolina Supreme Court has been very strict and literal in interpreting that statutory provision (Sturdivant v. N.C. Dept of Public Safety, 386 N.C. 939; 909 S.E.2d 483 (2024); (N.C.G.S. § 97-29).

How Temporary vs. Permanent Disability Affects Your Benefits

The classification of your disability significantly affects your workers’ compensation benefits. The primary differences between temporary and permanent disability include:

  • Duration – Temporary disability makes you eligible for relatively short-term benefits, while permanent disability can be long-term or lifelong.
  • Compensation – Temporary partial disability benefits pay two-thirds of the difference in your pre- and post-injury income. Permanent partial disability benefits are paid out based on the schedule of injuries. Temporary and permanent total disability benefits both pay two-thirds of your pre-injury average weekly wage.
  • Work – Employees who are temporarily disabled are expected to return to work when their condition improves, while those who are permanently disabled won’t return to work at all. Partially disabled workers may return to work in a limited capacity or with restrictions.

Our lawyers have over 90 years of combined legal experience helping injured workers throughout North Carolina. We’ve recovered millions of dollars for our deserving clients, including a $2.625 million workers’ compensation settlement.

Younce Vtipil Baznik & Banks personal injury law team

Contact Our Raleigh Workers’ Compensation Attorneys for Help

At Younce, Vtipil, Baznik & Banks, P.A., we have experienced and knowledgeable attorneys, a state-of-the-art case tracking system, and staff members fluent in English and Spanish ready to assist you in any way we can. We also provide dedicated care and personal attention to every client, resulting in positive reviews and testimonials like this one:

“My experience with Younce, Vtipil, Baznik & Banks, P.A., was extremely pleasant. They were very informative and they kept me updated during the entire process. I cant say enough good things about the company.”

Contact our law firm in Raleigh, NC, at 919-661-9000 for a free consultation with one of our workers’ compensation lawyers. We’ll review your case, explain the benefits you may be entitled to, and help you take the next steps toward seeking compensation for your injuries.

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