Long-Term Disability Benefits under NC Workers’ Compensation
LONG-TERM DISABILITY LAWYERS IN NORTH CAROLINA
There are different types of long-term disability benefits in workers' compensation (sometimes called "workman's comp") claim cases. If your job injury has left you disabled, you may be entitled to benefits as compensation under the NC Workers' Compensation Act.
Benefits might be paid to you according to your pay rate and the nature and extent of your injury. In some cases, injured workers might also qualify for benefits under the federal Social Security Disability program. A long-term disability lawyer would be best qualified to answer any questions related to your specific situation.
TTD Benefits
Often, an injury prevents the employee from returning to work immediately. If an employee is unable to return to work, he may be eligible to receive benefits for a long or extended period of time under temporary total disability, or TTD. An employee is eligible to receive TTD benefits if he is out of work for more than seven days. The TTD benefits then begin on day eight. In order to receive benefits for the first seven days, the employee must also be out more than 21 days.
An employee awarded TTD benefits may be entitled to compensation equal to two-thirds (2/3) of his pre-injury weekly wages (averaged for the 52 weeks prior to he injury), so long as the amount does not exceed the maximum weekly benefit allowed by law. The North Carolina Industrial Commission and Courts have determined, however, that an employee may not continue to receive TTD checks for more than three hundred (300) weeks after the date of his injury.
Total and Permanent (Long-Term) Disability Benefits
If an employee's injury is so severe that he is unable to return to any form of suitable permanent employment, he may be entitled to total and permanent (long-term) disability benefits, paid for his lifetime. For example, the loss of both hands, both arms, both feet, both legs, both eyes, or any combination of the two thereof, can be deemed by the North Carolina Industrial Commission and Courts to constitute a case of total and permanent disability. These situations do not represent a complete list of the types of injuries that may qualify a person for permanent workers' compensation benefits.
The North Carolina Industrial Commission and Courts make the determination to award long-term disability benefits on a case-by-case basis. In the case of a permanent disability, hiring the services of a workers' compensation attorney who has helped many North Carolina workers win their workers' compensation claims may really be the best course of action. If you have been injured on the job, call us now to see if our long-term disability lawyers can help you with your workers' compensation claim.
Long-Term Disability Benefits under Social Security
Social Security Disability Insurance benefits are based on a person's inability to work. The Social Security Administration will consider a worker disabled if he cannot do work that he did before his injury, and his medical condition makes it impossible for him to adjust to other types of work. A disability must also be expected to last for at least one year, or result in death. Your monthly disability benefits are based upon your lifetime average earnings as covered by Social Security for Title II, and upon certain assets required For Title XVI. If you have been severely disabled, contact us now to secure assistance with your Social Security disability claim.
