Were you injured on the job? Did you make sure to get an accident report in within 30 days of your injury? Did you further file a Workers’ Compensation case? As long as you haven’t been denied, you’re probably wondering when your disability benefits will start.
If you haven’t already, make sure that you immediately retain legal representation for your Workers’ Compensation case. Best case scenario, you retained the services of a reliable Workers’ Compensation attorney before you filed your case. If you didn’t, and your case has been denied, it’s even more important that you check with an attorney for your appeal. Now, let’s get the disability benefits.
Know Your Rights
If you, as an employed worker in North Carolina, have suffered a permanent physical impairment or wage loss because of an occupational disease or an on-the-job injury, you are entitled to disability benefits. That’s the law. But as with most laws, people may try to get around them. Without an experienced Workers’ Compensation attorney, it’s difficult to understand how much your North Carolina Workers’ Comp benefits should be, how long they are available, and when they’re paid.
In North Carolina, under Workers’ Compensation, wage replacement benefits are paid if the injured employee is disabled. But, under NC Workers’ Compensation law, disability is a complex concept. In general, decreased wage earning ability is implied.
In North Carolina, to prove disability, initially, is the employee’s burden. If work replacement benefits or their amounts is disagreed upon by the employer or the employee in any Workers’ Compensation case, the decision regarding such an issue will be left up to the North Carolina Industrial Commission. A board certified specialist in Workers’ Compensation should, without a doubt, be consulted if an employee feels they may need an Industrial Commission hearing.
Types of Disability Benefits
Under North Carolina Workers’ Comp, there are four different disability benefit types. They are as follows:
- PTD – Permanent Total Disability Benefits
- PPD – Permanent Partial Disability Benefits
- TPD – Temporary Partial Disability Benefits
- TTD – Temporary Total Disability Benefits
Disability Payments – When Will They Arrive?
In North Carolina, TPD and TTD benefits have a seven-day waiting period. After that, the employee is eligible for Workers’ Comp payments. But even this is stated oddly within the laws because to get paid for the seven-day waiting period the injured worker’s disability must run for 21 days. It’s confusing, to say the least. Rest assured, however, that an experienced and knowledgeable Workers’ Compensation attorney can give far more precise answers. Don’t rely on your employer for answers. They have only their best interests at heart, no matter how cooperative, caring, or kind they may seem.
How much benefits will be, and how long benefits can continue, depend on what type of benefits you’re receiving. Some benefits continue even after an employee has returned to work, but at a reduced capacity. There are many variations and determinations that go along with all Workers’ Compensation cases. Experienced legal representation is the best way to make sure that your rights, as the injured employee, are protected.
One Final Piece of Good News
In North Carolina, generally speaking, neither the federal government nor the state government will count your Workers’ Compensation payments as taxable income. This exemption applies to weekly benefits, settlements, and deceased worker survivor benefits. If, while injured, you work at a reduced capacity, however, the wages you make while working are taxable.
The experienced and knowledgeable attorneys at Cardinal Law Partners are experts in Workers’ Compensation cases. If you have not yet filed your case, speak to one of our attorneys. If you have filed a case and been denied, speak to one of our attorneys. The most important thing is that you contact us today and make an appointment to speak to one of our attorneys. Your first consultation is free.