Workers’ Compensation Benefits in Winston-Salem
Injured workers who promptly notify their employer, file a claim within the allotted time, and seek medical care for the mitigation of their injuries may be entitled to benefits that range from reimbursement of medical appointment travel to temporary pay while out of work.
With workers’ compensation benefits in Winston-Salem, you must act pursuant to a licensed medical physician’s direction at all times and properly document your course of medical treatment in order to receive benefits. A seasoned workers’ compensation lawyer could answer any questions you may have about workers’ compensation benefits.
Notice and First Receipt of Workers’ Compensation Benefits
Under N.C. Gen. Stat. § 97-18, payment commences two weeks after the employer receives written or oral notice of the injury. Regardless of how notice is placed, the employer must have a receipt of the employee’s name and address, the place and time of their injury, the cause of the injury, and the specific medical nature of the injury. Compensation is typically paid on a weekly basis unless otherwise authorized by the Commission. An attorney may receive the payment on behalf of an injured worker if specifically requested, otherwise payment is mailed directly to the injured worker.
Time Off that is not Reimbursed in Winston-Salem
What the injured worker will not receive compensation for, however, is the first week after their injury. Under N.C. Gen. Stat. § 97-28, an injured worker will not receive any compensation for the first seven days following the injury, unless they are unable to work for more than 21 days after the injury. This means that if a worker is injured and returns to work within the first three weeks, they will not receive any benefits for the first week following the injury.
If the worker continues to be disabled 21 days after being injured, they will usually receive compensation for all time following the injury. This bar on recovery for the first week following an injury does not impact any right the injured employee may have to disability benefits, sick leave, or vacation leave.
Workers’ Compensation Pay Rates
Claiming temporary total benefits as the result of an on the job injury will not provide the injured worker with benefits equal to their normal pay. In fact, under N.C. Gen. Stat. § 97-29, an injured worker will only receive 66 percent of their average weekly wage while they are out of work, pursuant to the advice of a medical physician.
Unless a more serious injury is sustained, such as a spinal injury or the loss of a limb, an injured person will only receive temporary total benefits for the time they are placed out of work by a doctor. The benefit reserved for a more serious injury is called permanent total and also consists of payment of 66 percent of the worker’s average weekly wage but is paid for a longer period time, depending on the injury. For more information about workers’ compensation benefits in Winston-Salem, reach out to an attorney.
An Attorney Could Explain Workers’ Compensation Benefits in Winston-Salem
Any worker who is injured on the job during their normal job description and files the appropriate claims may be entitled to workers’ compensation benefits in Winston-Salem.
You are generally entitled to reimbursement for time missed from work depending on your absence and to a portion of your normal wage commencing as early as two weeks from the date the employer is informed of the injury. If you have any questions about workers’ compensation benefits in Winston-Salem, contact a knowledgeable lawyer.