North Carolina workers’ compensation benefits provide financial support and medical care for employees who sustain injuries on the job or develop an illness related to their work. In addition to the tangible support these benefits provide, they also offer peace of mind. However, many injured workers worry about how long their payments will last. The duration of benefits depends on factors like the type and severity of the injury and your ability to return to work. Understanding the possible limitations of your workers’ comp benefits can help you prepare for the future and protect your rights.
If you feel unsure about the scope of your benefits or need help with your workers’ compensation claim, Kreger Brodish can help. Our NC workers’ comp attorneys will review your case, help you understand your options, and fight for the benefits you deserve. Contact us today to schedule a free consultation with a compassionate and knowledgeable Durham workers’ comp attorney.
Basics of Workers’ Compensation in North Carolina
North Carolina’s workers’ compensation system protects employees who suffer work-related injuries or illnesses. This system provides benefits regardless of who caused the accident, as long as the injury happened while the employee was performing their job-related duties. Most employers in the state must carry workers’ compensation insurance to cover these claims.
What does workers’ comp cover? Workers’ compensation benefits can include coverage for medical expenses, wage replacement, and, in some cases, vocational rehabilitation. Temporary total disability benefits replace two-thirds of your average weekly wages if your injury prevents you from working, up to an annual maximum. If you can work in a limited capacity, temporary partial disability benefits may cover part of the difference in pay.
To receive workers’ comp benefits, you must report your injury to your employer and file a claim with the North Carolina Industrial Commission. An NC workers’ comp attorney can guide you through the claims process and help you avoid issues that could delay or reduce your benefits.
Maximum Duration of Workers’ Compensation Benefits
As an injured North Carolina worker, the maximum duration of your workers’ comp benefits depends on the type of benefits you qualify for and the severity of your injury. Temporary total disability (TTD) benefits generally last up to 500 weeks, which is just under 10 years. However, if your injury causes permanent and total disability, you may receive benefits for life.
Temporary partial disability (TPD) benefits, which apply when you can return to work but at a reduced earning capacity, are also limited to 500 weeks. Permanent partial disability (PPD) benefits, which compensate for the loss of use of a body part, depend on a specific schedule set by the state and the impairment rating assigned by your doctor.
Being aware of these restrictions on benefits can help you plan your next steps. If you face challenges with your benefits, an attorney can help you understand and explore the potential options for extending your payments.
Factors That Can Affect the Duration of Benefits
Several factors can affect how long you’re eligible to receive workers’ compensation benefits in North Carolina. These factors include:
- The Severity of Your Injury – The more severe your injury, the longer you may require medical treatment and wage replacement benefits. Catastrophic injuries can result in extended or lifetime benefits.
- Your Ability to Return to Work – If your doctor determines that you can return to your previous job or perform light-duty work, your benefits may end or adjust to reflect your reduced earning capacity.
- Reaching Maximum Medical Improvement (MMI) – Once you reach MMI – the point at which additional treatment isn’t likely to yield results – your doctor may assign a permanent impairment rating, which could lead to permanent partial disability benefits instead of temporary benefits.
- Your Compliance with Treatment – Failing to follow prescribed medical treatment or missing doctor’s appointments could lead to the reduction or termination of your benefits.
When Benefits May Be Extended or Terminated?
The North Carolina Industrial Commission may extend or terminate your workers’ comp benefits in some circumstances. Some of the situations that might trigger an adjustment of your benefits include:
- Permanent Total Disability – If your injury leaves you permanently unable to work, you may qualify for lifetime benefits. This requires substantial evidence, including a doctor’s certification or testimony.
- Severe or Ongoing Medical Needs – If you require extensive medical treatment or cannot recover within 500 weeks, you may request an extension of temporary benefits.
- Settlement Agreements – Accepting a lump-sum settlement may terminate your weekly benefits, as the Commission regards this as resolving your claim in full.
- Disputes Over Recovery – Your employer or insurer may seek to terminate benefits if they argue you’ve recovered enough to return to work. Your NC workers’ comp attorney can help you contest an unfair termination of benefits.
Steps to Take if Your Benefits Are Ending
If your North Carolina workers’ comp benefits are close to ending or your employer or the Commission has notified you of their termination, you may feel confused and anxious about your next steps. Planning ahead and taking the proper steps can help you protect your rights and financial stability. Here’s what you should do:
- Review the Reason for Termination – First, you must understand why your benefits are ending. Your employer or insurer must provide an explanation, such as reaching maximum medical improvement (MMI), returning to work, or exhausting your benefits. Understanding their reasoning can help you determine your next move.
- Request a Medical Evaluation – If you believe your injury still prevents you from working, schedule an independent medical evaluation. A doctor’s assessment may provide evidence to challenge the termination or request an extension of your benefits.
- File an Appeal – If you disagree with the decision to end your benefits, you can file an appeal with the North Carolina Industrial Commission. Be prepared to present supporting evidence, including medical records and expert testimony.
- Explore Other Financial Options – If your benefits end, consider pursuing disability benefits, enrolling in a vocational retraining program, or accessing other resources to support yourself.
- Consult a Workers’ Compensation Attorney – A Durham workers’ comp attorney can help you challenge a termination, request an extension, or explore alternative compensation options. Acting quickly can improve your chances of securing the help you need.
How Can a Workers’ Comp Attorney Help?
Going through the workers’ comp claims process in North Carolina can feel overwhelming, especially if you’ve never had to do so before or if issues arise during the process. You may wonder, “How does workers’ comp work? What am I supposed to do now?” An NC workers’ comp attorney can answer these questions and provide the support you need.
Injured workers often face challenges such as denied claims, disputes over medical treatment, delayed payments, or benefit termination before full recovery. These roadblocks can leave you without the financial or medical support you need to heal and move forward. With a lawyer on your side, you can focus on recovery while they handle the legal challenges and fight for the benefits you deserve. An attorney can address such setbacks as:
- Filing and Managing Claims – Many workers struggle with the initial claims process. A lawyer can help you file correctly and on time, avoiding mistakes that could delay benefits.
- Handling Claim Denials – If your employer or their insurer denies your claim, an attorney can help you appeal the decision by gathering evidence, building a strong case, and representing you in hearings before the North Carolina Industrial Commission.
- Securing Proper Medical Treatment – Insurers sometimes dispute necessary treatments or procedures. A lawyer can advocate for your right to receive the care your doctor recommends.
- Protecting Against Early Termination – Employers or insurers may try to stop your benefits prematurely. An attorney can challenge these actions and preserve your benefits until you can return to work safely.
- Negotiating Settlements – If you choose to resolve your claim with a settlement, a lawyer can negotiate terms that reflect your long-term medical needs and lost wages.
Why Choose Kreger Brodish for Workers’ Compensation Cases?
When you run into issues with your North Carolina workers’ comp claim, including the impending termination of your benefits, trust the team at Kreger Brodish to provide the straightforward advice and advocacy you need. We know you’re going through an uncertain time – that’s why we’re committed to being accessible through your preferred means of communication, whether by phone, email, or text. We’re happy to meet with you in person or virtually, and we strive to keep our fee structures both fair and transparent. Your initial consultation is always free.
To quote from some of our client testimonials:
This was my first case and didn’t know what to expect, the staff made all my worries go ahead. They are so helpful with making things right for you. The communication & making you feel important is extremely wonderful.
- Phylicia C., Durham
I was recommended to come to this firm and I am glad that I did! They were informative and kept me up to date with my case. From the start to the finish, I have had a great experience with them.
- Shante D., Charlotte
Very good communication. I was never in the dark on how the case was going. Will be the only attorney I use from now on.
- Ryon A., Kernersville
Don’t let the stress of a workers’ comp claim prevent you from securing skilled and results-oriented legal representation. Reach out to the team at Kreger Brodish LLP today to get started.
Contact Our NC Workers’ Comp Attorneys to Learn More
If you suffered an injury on the job, preserving your family’s financial well-being while you recover is likely one of your primary concerns. Let the NC workers’ comp attorneys at Kreger Brodish guide you through the claims process and manage necessary paperwork and deadlines so you can concentrate on healing. Contact us today for a free consultation to discuss your claim with an experienced Durham workers’ comp attorney.
