Legal Question in Workers Comp in North Carolina

Re: Can I receive workers comp & disability at the same time?

You will only receive wc benefits for the one job you were hurt on (let's call it the first job), even though you cannot do either at this time. However, in a bit of an odd twist, if you are eventually able to return to the second job again, but not the first, due to your injuries, you should still continue to receive "temporary total" disability payments (even though you are working one of the jobs).

Make sure you have filed a Form 18 with the NC Industrial Commission within 2 years of the date of injury. You may also want to file a Form 18M once you have reached maximum medical improvement to obtain additional rights to future medical compensation. If the defendants start giving you a hard time, file a Form 33 Request for Hearing. Also obtain a Bulletin from the Industrial Commission to get more info on how the system works. A link to their website can be found on our site at ncdisability.com. Good luck!

S. Neal Camak, Esq.

Law Offices of George W. Lennon

Raleigh, NC

Re: Can I receive workers comp & disability at the same time?

Workers' Compensation benefits are paid based on the wages in the employment in which you are injured. Loss of income from concurrent employment is not compensated. LTD insurance through the concurrent employment MAY pay some benefits, depending on the policy. Most policies reduce payments if you get comp benefits or Social Security Disability. Check the policy and confirm with an experienced insurance agent or attorney. Good luck.