Legal Question in Workers Comp in North Carolina
What day does pay go back?
Hi, my fiance fell at work, he was out of work about 7-8 days then tried to go back, wast sent home and how applying for short term disability. Workmans comp says the will start to pay 2/3 of what he makes now that he is out but will not go back the original 7 days he was out initially. Is that legal? Shouldnt they go back and pay 2/3 of total time he is out? He is still out and might be out another month. Please let me know because we contacted a lawyer and they say labor law says they have to go back and pay and they are telling us no that is not correct. Thanks!!!
1 Answer from Attorneys
Re: What day does pay go back?
Under NC Workers' Compensation Law, there is a 7 day waiting period the claimant must wait through before temporary total disability benefits are payable by the carrier. However, when/if he is out for a total of 21 days or longer due to his work related injury, the carrier MUST go back and pick up the first 7 days (as well as continue to pay TTD benefits until he returns to work).
Get more info and documents (Bulletin)on NC Industrial Commission website, which can be linked to from our own website at ncworkcomp.com. Good luck!
S. Neal Camak
Lennon & Camak
Raleigh, NC
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