Legal Question in Workers Comp in North Carolina

Re: Benefit clarification

If you have had surgery, you certainly need an attorney. Statutes of limitation are running in your case. Your comp benefits are based on earnings in the 52 weeks before your injury and - once started - will continue until you return to work or an order of the Industrial Commission. At maximum medical improvement, you will have an election between several different types of benefits. If your claim is accepted, some lawyers do not charge any fee out of the weekly benefits you receive now.

Re: Benefit clarification

Your situation is complex, but a few general observations follow:

1. The NCWCA allows for payment of temporary partial disability payments (2/3 difference b/t your new wage and pre-injury wage) if the reduced earnings are due to reduced wage earning capacity caused by the work-related injury. I'm not sure if you changed jobs to a lower salary because of your injury, so not sure you would be eligible for the TPD benefit. However, you should not have been forced to use your vacation and sick time, unless you made that election yourself.

2. If you cannot return to work, you can continue to receive weekely temporary total disability benefits (2/3 your pre-injury average weekly wage - gross) until and unless you return to work somewhere, the NC Industrial Commission says otherwise, or you die. There is no limit, but they can "assist you" in finding a job with a vocational rehabilitation "professional".

3. You should not even consider settlement of your case unless and until you have reached maximum medical improvement from your injury. Only then can you guess about your future medical and vocational prospects and try to place a value on the same. Usually can either settle "on the rating" (leaving carrier on the hook for potential of paying more benefits later), or for more money, you can sign a "clincher" settling your case forever and always. Obviously, the parties have to agree on a figure to settle on a "clincher".

4. You will benefit from, at least, talking to a lawyer. You should also be very familiar with the NC Industrial Commission's website, which can be linked at our website of ncdisability.com.

Good luck!

S. Neal Camak

Law Offices of George W. Lennon

Raleigh, NC

Re: Benefit clarification

Your situation is complex, but a few general observations follow:

1. The NCWCA allows for payment of temporary partial disability payments (2/3 difference b/t your new wage and pre-injury wage) if the reduced earnings are due to reduced wage earning capacity caused by the work-related injury. I'm not sure if you changed jobs to a lower salary because of your injury, so not sure you would be eligible for the TPD benefit. You should not have been forced to use your vacation and sick time, unless you made that election yourself.

2. If you cannot return to work, you can continue to receive weekely temporary total disability benefits (2/3 your pre-injury average weekly wage - gross) until and unless you return to work somewhere, the NC Industrial Commission says otherwise, or you die. There is no limit, but they can "assist you" in finding a job with a vocational rehabilitation "professional".

3. You should not even consider settlement of your case unless and until you have reached maximum medical improvement from your injury. Only then can you guess about your future medical and vocational prospects and try to place a value on the same. Usually can either settle "on the rating" (leaving carrier on the hook for potential of paying more benefits later), or for more money, you can sign a "clincher" settling your case forever and always. Obviously, the parties have to agree on a figure to settle on a "clincher".

4. You will benefit from, at least, talking to a lawyer. You should also be very familiar with the NC Industrial Commission's website, which can be linked at our website of ncdisability.com.

Good luck!

S. Neal Camak

Law Offices of George W. Lennon

Raleigh, NC