Most people have heard of workers’ compensation insurance, but very few have any idea as to when an injured employee can receive NC Workers Compensation weekly benefits. There are so many myths and misconceptions about North Carolina workers’ compensation benefits, especially concerning weekly cash benefits. We must first look at accepted versus denied WC claims.
Accepted vs. Denied Workers Compensation Claim and NC Workers Compensation Weekly Benefits
In accepted workers’ compensation cases, the injured worker should be receiving weekly wage loss benefits from the workers’ compensation insurance carrier when they are missing time from work due to their accident-related injuries. According to North Carolina General Statute §97-29 an injured worker who has been completely written out of work by their authorized treating physician is eligible to receive NC Workers Compensation Weekly Benefits after being out of work for at least seven (7) days. This wage loss compensation rate is not the same as the injured worker’s actual average weekly wage. The injured worker is paid a compensation rate that is based on a calculation which is equal to 66 2/3% (sixty-six and two-thirds percent) of his/her pretax average weekly wage. In denied workers compensation claims weekly wage loss benefits are not paid. This puts the injured worker in a particularly difficult situation.
What about Doctor’s Restrictions to Reduced Work Hours?
Another lost wage scenario may involve an injured worker that has returned to work, but they are under doctor’s restrictions to work limited hours. If the injured worker’s ability to earn wages has been reduced because of their on-the-job accident related injury, then they are eligible to receive wage loss compensation in an accepted workers’ compensation case. The injured worker will be paid based on a wage loss compensation rate that equals sixty-six and two-thirds percent (66 2/3%) of the difference between his/her average weekly wages before the date of injury and the average weekly wage in which he/she is able to earn after the injury.
There are so many confusing issues surrounding an injured worker’s workers’ compensation claim that at times it can be quite overwhelming for a North Carolina injured worker. The injured worker who is out of work due to their accident-related injury has enough on his/her plate. He/she should not have to worry or be concerned with wage loss compensation issues with their workers’ compensation claim. The Bishop Law Firm helps Workers’ Compensation clients in Raleigh, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Fayetteville, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. Contact us today at (919) 615-3095 for a free evaluation.