Workers’ Compensation Benefits in Durham
The benefits that are owed to an employee injured at work are outlined in the North Carolina Workers’ Compensation Act. To qualify, the injury could be the result of an occupational illness or an accident.
A capable workers’ compensation attorney can help you follow to proper steps after a workplace injury. They could help you file the appropriate paperwork to ensure you are able to receive the workers’ compensation benefits in Durham that you are entitled to.
Workers’ Compensation Benefits Available for Employees
Here are some of the details regarding workers’ compensation claims in North Carolina. Some workers’ compensation benefits in Durham that an injured employee may be eligible for include:
- Medical compensation: an employer provides an injured employee with medical treatment to help recover from the complete physical impact of their injuries
- Complete wage loss: a person is eligible to receive compensation for loss of wages if a doctor concludes that it is not possible for them to perform their work
- Partial wage loss: if someone is assigned to a less strenuous duty at a lower wage than what they were earning previously, they can claim benefits to make up for the difference
- Permanent partial disability: if a doctor assesses that a patient’s ability to use any body parts has been adversely affected, they are eligible to seek compensation for the loss incurred as a result
- Permanent total disability: an employer will have to compensate someone for lost wages if they are not able to work because of a disability caused by a work accident
- Workplace injury fatality: if a workplace accident resulted in the loss of a loved one, family member, relative, or spouse, a person may be eligible to receive death benefit through workers’ compensation
- Other workers’ compensation benefits: if someone’s health condition requires them to look for a different job or career, the required vocational retraining and rehabilitation will fall under this category
Calculating Average Weekly Wage
Arriving at the correct average weekly wage is essential because this will be used to figure out the current compensation rate of someone’s workers’ compensation payments. There are various methods of calculating the average weekly pay. Usually, this calculation is done by using the average gross weekly pay of an injured worker for 52 weeks prior to the date of injury.
But a different method may be used to make this crucial calculation if the worker had taken long leaves of absences amounting to over seven days in the year prior to the injury or if the injured worker had different employers during the 52-week period.
Determining the Compensation Rate
The rate of compensation is 66 2/3 percent of a person’s average weekly wages. However, they do not have to pay state or federal income tax for this type of workers’ compensation wage loss benefits.
In cases where the injury is a simple one that heals in a matter of weeks and where the person can resume their job at the same pay as before the injury the process is quite simple. However, complications arise when someone is unable to return to work or are refused care for some reason.
If it is a matter of occupational illness, it is likely that workers’ compensation insurers may assert that the illness is not related to work requiring the employee to prove that it is. If a third party caused the injury, it can also complicate matters.
Consult a Durham Workers’ Compensation Attorney to Learn More About Benefits
If you suffered an injury or illness at the workplace, seek the assistance of a committed workers’ compensation attorney in Durham to secure all the benefits you are entitled to. They can help you understand the workers’ compensation process and determine what workers’ compensation benefits in Durham you may be eligible for.