Workers’ compensation insurance protects most workers in North Carolina. Workers’ comp covers your medical bills if you are injured on the job. You can also receive wage benefits if your workplace injury causes you to miss work. You can receive temporary total disability benefits regardless of who was at fault for your injuries.
However, employers and insurance companies often deny valid workers’ comp claims or underpay benefits. If you are denied temporary disability after a work-related injury, you do not have to accept the insurance company’s decision. You have the right to appeal the denial.
At Bradford Law, our Charlotte temporary disability lawyer helps injured workers receive the benefits they need and deserve. Contact our office for a free consultation to discuss your case with a North Carolina workers’ compensation lawyer.
How Bradford Law Helps Injured Workers Protect Their Rights to Temporary Disability Benefits
Being injured at work is an overwhelming experience. In addition to the pain and suffering caused by your injuries, a workplace accident can cause significant financial hardship. The stress from worrying about finances can negatively impact your recovery.
Our injury lawyers at Bradford Law understand the stress that a workplace injury can cause for both the worker and their family. We handle all matters related to your workers’ compensation claim from the initial filing to appealing a denial of claim. We want you to focus on recovering from your injuries, while we focus on obtaining the benefits you are entitled to receive.
When you hire our top-rated Charlotte workers’ compensation attorneys, we will:
- Explain the workers’ compensation process and what to expect during your case
- Analyze the facts and circumstances surrounding your workplace accident to determine all sources of potential compensation
- Prepare and file all paperwork necessary for your workers’ comp claim
- Represent you at all hearings and in court, if necessary
- Advocate for your rights by ensuring that your employer and the workers’ compensation insurance provider follow the law regarding your claim
- Fight for all the benefits you are entitled to receive, including maximizing your disability benefits
- Negotiate a settlement with the insurance company if your injury results in a permanent disability
- Litigate the claim in court if the insurance company or your employer refuses to pay the benefits you are entitled to under North Carolina workers’ compensation laws.
Workers’ compensation exists to help injured workers recover from on-the-job injuries. Our Charlotte workers’ compensation lawyer fights to get you the benefits you deserve. Call today to schedule a free case evaluation to learn more about temporary disability and other benefits you may be entitled to after an injury at work.
What Is Temporary Disability in a Charlotte Workers’ Compensation Case?
North Carolina workers’ compensation provides injured workers with medical treatment and benefits. The goal is to help workers recover from their injuries and return to their jobs as soon as possible. However, you may be unable to work during your recovery, or your doctor might place restrictions on your work duties. In that case, you may be eligible for temporary disability benefits.
Two different types of temporary disability benefits may apply in a workers’ compensation case:
Temporary Total Disability
Temporary total disability (TTD) benefits are paid when a work-related injury prevents a worker from returning to their job during their recovery.Entitlement to TTD benefits occurs usually under either of the following scenarios:
- You have work restrictions assigned by your treating physician, and your employer cannot accommodate those restrictions.
- You are completely written out of work by your treating physician.
Many work-related injuries and illnesses could qualify for TTD benefits, including but not limited to:
- Repetitive stress injuries
- Amputations
- Slips, trips, and falls
- Vehicle accidents
- Machinery injuries
- Electrocutions and electrical injuries
- Head injuries
- Back and neck injuries
- Occupational diseases and illnesses
The injury or illness must have occurred in the course and scope of your employment. If so, you may receive TTD benefits if your doctor says you cannot work.
Calculating Temporary Total Disability Benefits
A worker must be out of work for at least seven days to be eligible for TTD benefits. If the worker is out of work for more than 21 days, they will retroactively receive benefits for the first week they missed work.
The amount of your temporary total disability benefits equals two-thirds (66.67%) of your average weekly wages before your injury. However, state-mandated maximum and minimum amounts apply. Your TTD benefits continue until you return to work or reach maximum medical improvement (MMI) and are no longer totally disabled. Generally, TTD benefits are capped at 500 weeks from the date of disability (not date of injury); however, there are exceptions to this rule.
Temporary Partial Disability
Temporary Partial Disability (TPD) are paid to a worker who has returned to work but is earning less than they did before the injury due to injury related restrictions (e.g. reduced hours, light duty, or lower-paying work).
Calculating Temporary Partial Disability Benefits
TPD benefits are calculated based on the amount the worker is currently paid on light duty and their pre-injury pay. Generally, TPD benefits equal two-thirds (66.67%) of the difference between pre-injury and post-injury wages.
TPD is limited to 500 weeks from the date of disability (just like TTD).TPD ends when you return to earning your pre-injury wages (or more).
How the 500-Week Limit Applies When Combining TTD and TPD Benefits
In North Carolina workers’ compensation, the law allows injured workers to receive a combination of Temporary Total Disability (TTD) and Temporary Partial Disability (TPD) benefits for up to 500 weeks from the date of disability. This 500-week cap applies collectively to both TTD and TPD. So, any time a worker receives TTD benefits—for example, while completely out of work due to injury—counts against the total number of weeks they can later receive TPD benefits if they return to work at reduced wages. For instance, if a worker receives 100 weeks of TTD, they can receive up to 400 additional weeks of TPD, not a separate 500 weeks. This combined limit ensures that wage-replacement benefits are not extended indefinitely, though exceptions may exist for workers who can prove a total and permanent loss of wage-earning capacity.
What Should I Do if My Employer Tries to Force Me to Return to Work Early?
Some employers and insurance companies may try to force a worker to return to work early. If this happens to you, contact your doctor immediately. Additionally, consider consulting a Charlotte temporary disability lawyer to explore your legal options. Our attorney can help you understand your obligations and advise you on how to protect your right to workers’ comp benefits.
Schedule a Free Consultation with Our Charlotte Workers’ Compensation Attorney
Your employer or the insurance company may tell you that you are not entitled to temporary disability benefits. Do not accept their statements as a final decision. The insurance company and your employer have their best interests in mind when handling your claim.
Talk with our Charlotte temporary disability attorney about your case. We only have one priority – your best interests.
