North Carolina workers deserve safe working conditions. Even when employers and employees follow safety procedures, accidents and injuries can still occur. If you are injured on the job, you can apply for workers’ compensation benefits. When work injuries result in impairments, you may receive permanent disability benefits.
Unfortunately, employers and workers’ compensation insurance companies work to limit their liability for disability claims. Injured workers may have to fight for what they deserve.
Our injury lawyer at Bradford Law has over 15 years of experience representing clients in legal matters. We fight for your rights to all benefits after a workplace accident. Call Bradford Law to schedule a free consultation with a Charlotte workers’ compensation attorney.
How Bradford Law Can Help You Seek Permanent Disability for a Workplace Accident in North Carolina
Your employer and its insurance provider may challenge whether your work injury caused a disability. They may argue about the severity of the impairment, which can impact the amount of your disability benefits. Our attorneys at Bradford Law understand these tactics and know how to fight back to secure the benefits you need.
When you hire our top-rated Charlotte workers’ compensation attorneys, you can trust we will:
- Complete a thorough investigation into the cause of your workplace injury
- File workers’ compensation claims and handle all communications with the insurance company
- Prepare and file the necessary forms for your claim
- Work with your doctor and medical specialists to gather evidence proving the severity of your impairment
- Negotiate a fair and reasonable workers’ compensation settlement
- Litigate your workers’ comp claim if the insurance company and your employer refuse to agree to fair terms for settlement
Bradford Law has extensive experience helping injured workers receive the benefits they deserve. Numerous organizations have recognized our lawyers for their skills and expertise, including Expertise.com. We are members of the North Carolina Advocates for Justice, the North Carolina State Bar, and other legal organizations.
Contact our office to schedule a free case evaluation with an experienced Charlotte workers’ compensation attorney.
What Is Workers’ Compensation in North Carolina?
Most employers are required to purchase workers’ compensation insurance for their employees. Workers’ compensation is a no-fault insurance system that provides benefits for workers injured on the job. Because it is a no-fault system, workers can receive benefits even if they are partially or entirely at fault for their injuries.
Workers’ Compensation Benefits You Can Receive After a Charlotte Workplace Accident
An accident at work can result in severe injuries, including broken bones, traumatic brain injury, back injuries, repetitive stress injuries, and occupational illnesses. If your injuries were sustained during the ordinary course of your employment, you can apply for workers’ comp benefits.
Workers’ compensation benefits include:
- Reasonable and necessary medical treatment for injuries
- Wage loss benefits if your injuries prevent you from working during your recovery
- Mileage reimbursement for transportation to and from medical appointments
- Compensation for permanent scarring and disfigurement that impairs earning potential
Workers’ comp benefits continue until you reach maximum medical improvement and return to work. Some workers may never return to work, or their injuries prevent them from earning the level of income they did before the accident. In such situations, workers may be eligible for permanent disability benefits.
Permanent Disability for a Workers’ Compensation Claim in North Carolina
Permanent disability for a workplace injury is paid when a worker sustains a permanent and disabling impairment that prevents them from working or decreases their earning capacity. The benefits are based on several factors, including your age, occupation, type of disability, and the severity of your impairment.
There are four types of permanent disability benefits in workers’ compensation cases:
Permanent Disability Impairment Rating
These benefits are paid when a worker can return to work, but a permanent impairment causes a reduction in body function for their impaired body part or system. In other words, time and continued medical treatment are not expected to return the worker to their pre-injury condition.
Scheduled injuries are listed in N.C.G.S. §97-31. The statute assigns a specific number of weeks to body parts. Workers can receive permanent disability benefits for injuries to vital bodily organs not listed in the statute.
For example, an injury to the back is assigned 300 weeks of disability. If your physician assigns a 20% impairment rating for your back injury, you can receive permanent partial disability benefits equal to 60 weeks (20% of 300) times your compensation rate.
Permanent Total Disability (No 500 Week Cap)
Permanent total disability (PTD) benefits are paid when a worker cannot return to work due to a catastrophic injury. These benefits are not subject to the 500-week limit and are paid for the remainder of the injured worker’s life. For these cases, benefits are paid under N.C.G.S. § 97-29(d),
For injuries occurring before June 24, 2011, PTD is awarded when the worker is permanently unable to return to suitable employment.
For injuries occurring on or after June 24, 2011, a worker must prove that they sustained one of the following to qualify for lifetime PTD benefits:
- They suffered a loss of both legs, both arms, both hands, both feet, both eyes, or a combination of any two of these body parts;
- They sustained a spinal cord injury that results in severe paralysis of the trunk, both legs, or both arms;
- The sustained severe closed head or brain injuries; or,
- Second or third-degree burns to 33% or more of the entire body.
Proving permanent total disability usually requires testimony and evidence from medical specialists and other experts. An attorney can help you obtain the evidence necessary to proceed with a permanent disability claim.
Temporary Total Disability (500 Week Cap)
In some cases, a worker may be unable to return to work but not meet the strict requirements for lifetime PTD benefits. For these cases, benefits are paid under N.C.G.S. § 97-29, which provides wage replacement for total disability.
For claims arising on or after June 24, 2011, these benefits are capped at 500 weeks. However, a worker may qualify for extended benefits beyond the 500-week cap under § 97-29(c) if they can prove they are totally incapable of earning wages in any employment due to their injury.
To receive extended benefits, the injured worker must demonstrate a total loss of wage-earning capacity. This means proving that they have lost their personal ability to earn wages in any job, not just their pre-injury occupation. This often requires a combination of medical, vocational, and sometimes psychological evidence.
Permanent Partial Disability (500 Week Cap)
Permanent partial disability (PPD) benefits are available when a worker returns to work after an injury but earns less due to physical limitations caused by that injury. These benefits are governed by N.C.G.S. § 97-30, which allows compensation for wage loss, rather than for an impairment rating or total disability.
Under this section, the worker may receive weekly compensation equal to two-thirds of the difference between their pre-injury average weekly wage and their current reduced wage.
These benefits are limited to 500 weeks from the date of disability. Unlike total disability benefits under § 97-29, there is no opportunity for extended benefits under § 97-30—even if the wage loss continues beyond the 500-week period.
Election of Benefits
When an injured worker in North Carolina reaches maximum medical improvement (MMI) and is left with a permanent disability, they may need to choose between three different types of permanent disability benefits. This is known as the election of benefits, and it is a critical decision that affects long-term compensation.
Under North Carolina law, workers may elect to receive benefits under:
- N.C. Gen. Stat. § 97-29 (Total Incapacity): Used when the worker is totally incapable of earning wages in any employment. Benefits are paid at 66 2/3% of the average weekly wage (AWW) for up to 500 weeks, unless the worker qualifies for extended benefits by proving they are permanently and totally unable to work in any capacity.
- N.C. Gen. Stat. § 97-30 (Partial Incapacity): Applies when the worker can still work but at reduced wages due to physical limitations. Compensation is 66 2/3% of the wage loss and is payable for up to 500 weeks. This is often the best option for workers with permanent restrictions who cannot return to their pre-injury jobs but can still earn reduced wages in alternative employment.
- N.C. Gen. Stat. § 97-31 (Scheduled Injury/Permanent Partial Disability): Applies to injuries listed in the statute with predetermined weeks of compensation based on the body part and impairment rating, regardless of wage loss. This option does not extend beyond the scheduled weeks and cannot be converted into extended benefits.
This election becomes especially important when an injured worker has permanent work restrictions and cannot return to their pre-injury job or wages. In such cases, § 97-29 and § 97-30 wage loss benefits may offer more meaningful compensation than the limited schedule of § 97-31. However, insurance companies may try to push a scheduled rating under § 97-31 to limit their liability. Our experienced attorneys at Bradford Law help you make the most financially favorable election and fight for the full value of your claim.
Extended Benefits After 500 Weeks of Compensation
For claims arising on or after June 24, 2011, both N.C. Gen. Stat. § 97-29 (total disability) and § 97-30 (wage loss) are subject to a 500-week cap. However, extended benefits are available under § 97-29(c) for workers who suffer from severe, long-term disability. To qualify for extended benefits beyond the 500-week limit, the worker must prove that they are totally incapable of earning wages in any employment as a result of their workplace injury. This requires demonstrating a total loss of wage-earning capacity, meaning the employee has lost their personal ability to earn wages through any type of employment.
This is a high legal standard and typically requires strong medical and vocational evidence.
Qualifying for extended benefits involves:
- Comprehensive documentation of physical or cognitive limitations,
- Functional capacity evaluations (FCE),
- Testimony from treating physicians or vocational experts, and
- Demonstration that all reasonable efforts to work or retrain have failed.
Our Charlotte workers’ compensation attorneys can guide you through the process of applying for extended benefits. We prepare the evidence necessary to support your claim and represent you in hearings before the North Carolina Industrial Commission, if needed.
How Is Permanent Disability Calculated in a North Carolina Worker’s Compensation Case?
Permanent disability is based on the worker’s average weekly wage (AWW). Therefore, calculating the AWW correctly is crucial to ensuring you receive the permanent disability benefits you deserve. State law determines how a worker’s AWW is calculated:
- If the worker has had the job for over a year, the AWW is the total earned during the 52 weeks before the injury, excluding any periods of 7 or more days with no work.
- If the worker was employed for less than 52 weeks, the AWW is the total amount earned divided by the number of weeks worked.
- If the work period is too short to calculate a fair AWW, the average wages of a similar employee can be used.
- If none of the above ways are fair, the AWW is the amount the employee would likely earn had it not been for the injury.
The compensation rate for permanent disability is 2/3 of the employee’s average weekly wages. An insurance company may pressure a worker to accept a lump sum payment. That may or may not be in the worker’s best interest. It is best to discuss your case with a qualified workers’ compensation lawyer before accepting a settlement.
Schedule a Free Consultation with Our Charlotte Workers’ Compensation Attorneys
You deserve to receive disability benefits if a workplace injury causes a lifelong impairment. Our lawyers at Bradford Law aggressively pursue your case to help you receive those benefits. Contact our office today to request your free case review with a Charlotte workplace accident attorney.
