Am I Getting All My WC Benefits?

Don’t miss out on needed workers’ comp benefits.

We can significantly increase your odds of getting full workers’ comp benefits.

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This page refers to Am I Getting All My WC Benefits? law in North Carolina.

Since laws differ between states, if you are located in South Carolina, please click here.

How Do You Maximize Workers’ Comp Benefits in North Carolina?

If you are hurt on the job in North Carolina, you may be worried about how you will pay your medical bills and day-to-day living expenses while recovering. Fortunately, you may be entitled to workers’ compensation benefits as a support system that can help you until you are able to return to work.

But workers’ comp is complicated, and most insurance companies want to pay you as little as possible. 

Every day, we help injured workers throughout North Carolina try to maximize their workers’ comp benefits. How do you know if you’re getting all your benefits? We can give you clarity on your case with no obligation. Call us at 1-866-900-7078 today for a free case evaluation.

What Benefits Are Covered by Workers’ Compensation?

In North Carolina, workers’ compensation may pay for three broad categories of benefits:

  • Lost wages, also called disability payments or indemnity benefits
    • These are partial wage replacement benefits for injured workers who are unable to work or who are able to return to work but at a lower salary while recovering from their injuries or illness. These potential benefits vary based on how long your injury is expected to last and the extent of your disability.

      Lost wages benefits may include:
    • Temporary partial disability (TPD)
    • Temporary total disability (TTD)
    • Permanent total disability (PTD)
  • Medical care required to diagnose and treat your injury or illness, including:
    • Doctor visits, surgery, hospital stays, medical equipment, prescriptions, and more(In North Carolina, you can also seek compensation for travel if you travel 20 or more miles round trip for your medical care.)
  • Permanent Impairment, or permanent partial disability (PPD)
    • An injured worker is entitled to compensation for any permanent impairment, including scarring and disfigurement, stemming from the accident. This benefit is separate from lost wages benefits and is based on a statewide disability schedule for various body parts outlined in the North Carolina Workers’ Compensation Act.

In addition to these major categories, workers’ comp may also pay for workplace death benefits  and vocational rehabilitation benefits, such as GED, ESL, and computer classes and certifications, in certain cases. You may even be entitled to medical compensation for injuries that stem from ongoing treatment, such as surgery complications, or overcompensation, such as developing symptoms in your non-injured leg due to an altered walk.

In-depth knowledge is essential in seeking maximum workers’ comp benefits. It can be difficult to keep track of the many types of benefits and if and how they may apply to your situation. Then, once you are aware of all the potential benefits you may be owed, you must build a case for approval with your employer’s insurance company, including detailed communication with doctors and insurance adjusters while trying to avoid common negotiation pitfalls.

Talk to an experienced workers’ comp attorney to try to ensure you pursue all of the workers’ comp benefits to which you may be entitled. Without guidance, you could miss out on needed assistance during this difficult time.

What Factors Impact the Amount of Workers’ Comp Benefits You May Receive?

The amount of compensation you may receive for an on-the-job injury or illness depends on many different factors, such as:

  • How you were injured
  • Whether there were multiple body parts involved
  • Severity of your injury or illness
  • Whether you can return to your pre-injury position
  • Whether you can return to alternative employment
  • Whether you need the assistance of vocational rehabilitation to find alternative employment
  • Whether you will need to take additional classes or obtain certifications to find other work
  • Any percentage impairment assigned by the treating physician or any second opinion provider
  • The extent of any scarring or disfigurement
  • Type of medical care you currently require
  • Types of medication that you are taking
  • Medical care you may need in the future
  • Whether your injury may result in the need for home modifications
  • Whether you will require the use of prosthetics, wheelchairs, or other medical devices in the future
  • Whether you have been placed at maximum medical improvement
  • What permanent work restrictions your provider may assign
  • Your average weekly wage Tip In NC, the average weekly wage is the total amount of wages earned in the 52 weeks prior to your injury or illness divided by the number of weeks worked.

Hiring an experienced workers’ comp lawyer may have a huge impact on how much you can receive in potential benefits. For example, there are multiple ways to calculate your average weekly wage, and an attorney can help you investigate if the insurance company has chosen the correct one. Your attorney can also try to ensure that every one of the above factors relevant to your case is taken into consideration when determining your possible benefits.

Overall, an attorney can significantly increase your chances of receiving maximum compensation – and can handle your case for you while you focus on your recovery.

How Much Your North Carolina Workers’ Compensation Claim May Pay

While you are out of work due to a workplace injury or illness, your potential workers’ comp benefits may cover your ongoing medical costs and approximately 2/3 of your average weekly wage.

The reason your potential lost wages benefit only covers 2/3 of your average weekly wage is that workers’ comp benefits are not taxed. The idea behind this calculation is that 2/3 of your average weekly pay is approximately what you would have been taking home (after taxes) before your workplace illness or injury.

Why Is It Important to Get Help in Trying to Maximize Workers’ Compensation Benefits?

Most insurance companies are for-profit, which means they make more by paying you less. You may have to fight for maximum benefits, like in this attorney story*:

I remember a particular case of a burn injury victim. I was absolutely shocked at the insurance company’s aggressive efforts to keep our client from getting prescriptions filled or seeing the doctor. The insurance company tried to pressure our client back to work, even though her doctors said she wasn’t ready yet.

One way to try to ensure you get everything you may deserve is to consult with an attorney who practices workers’ compensation law, day in and day out.

At the Law Offices of James Scott Farrin, we have several North Carolina State Bar Board Certified Specialists in workers’ compensation law – less than 1% of all attorneys licensed to practice in North Carolina are State Bar Board Certified Specialists in this practice area.5  Having one of our Specialists in your corner can make a big difference in your case.

Board Certified Specialist North Carolina State Bar Workers' Compensation Law logo

Your employer or their workers’ comp insurance company determines which doctor provides your medical care, signs off on when they believe you are ready to return to work, and determines whether you have any temporary or permanent work restrictions. And while most insurers want to pay you less, our workers’ comp attorneys put your needs first. Always.

What Are the Main Ways You Can Try to Maximize Your Workers’ Compensation Benefits?

An experienced attorney can significantly increase your odds of receiving maximum compensation.

Our workers’ comp team includes attorneys who were former defense attorneys for insurance companies, as well as former claims adjusters. We know the workers’ comp system, and we can use this knowledge and experience to fight for all the benefits you may be owed.

At our firm, we will listen to your story and ask you questions about your workplace injury or illness. Then, if we feel we can put you in a better place than you would be without us, we can:

  • Handle the many details for you – this includes filling out and filing forms correctly, following proper procedures, and meeting mandatory deadlines
  • Guide and communicate with you – we’ll dig deep to determine exactly what benefits you may be eligible for and take steps to help protect you from employer retaliation
  • Fight for your rights – we’ll try to ensure you are not coerced into returning to work too soon, and we’ll strategize on how and when you might request a second medical opinion
  • Negotiate on your behalf – we’ll handle the doctors, insurance company, and your employer
  • Build and manage your case every step of the way – our mission is to get you as much as possible as quickly as possible

You should not automatically accept the benefit calculations of your employer or its insurance company. How much might your case really be worth? Don’t take chances. Call us today for a free case evaluation at 1-866-900-7078!

Read how we helped one client fight for compensation after they suffered a fall while working.1

Fight for the Full Benefits Payout You May Deserve. Contact our Workers’ Compensation Lawyers Today!

North Carolina has grown from a state of legacy industries such as textiles, tobacco, and furniture to a state of future-focused industries such as biotechnology and transportation. For more than 25 years, our firm has helped injured workers across North Carolina stand up to powerful opponents and insurance companies, and we can help you, too.

Your employer’s insurance company is protecting their own interests, not yours. You may be eligible for workers’ comp benefits that you’re not getting. And if you’re being ignored, denied, or hurried back to work, it’s time to tell them you mean business.

Our firm was named to the 2024 Best Lawyers’ “Best Law Firms” list with a Tier 1 ranking (the highest) for Workers’ Compensation Law – Claimants.4

Our team also includes former Deputy Commissioners for the North Carolina Industrial Commission, the agency that runs workers’ compensation in North Carolina. We have 14 offices across the state from Wilmington to Asheville, and we can even come to you at the hospital, your home, or anywhere else. We are ready to help you fight for all the workers’ compensation benefits you may be owed.

Call 1-866-900-7078 today to get a free case evaluation – at no cost or obligation – about your potential workers’ compensation benefits.

 

 

5Figures provided by NC State Bar as of 1/24.

*Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results. Cases or matters referenced do not represent the law firm’s entire record. This is a specific example of an experience our firm had with an insurance company, adjuster, employer, client, or other. This story does not necessarily represent any industry or employer as a whole. The descriptions of events are based upon the recollections of individual staff members at the time. Client identities have been removed or changed to protect their privacy.

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