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How Long Can You Be on Workers Comp?

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If you have been injured on the job, you may be wondering how long you can receive workers’ compensation benefits. The answer to this question depends on a variety of factors, including the severity of your injury and how much time it will take for you to recover.

Contact an experienced workers’ comp attorney at Collier Law for legal advice if you are concerned about your workers’ comp benefits.

How the Workers’ Comp Systems Works

Collier Law, How Long

Workers’ compensation is a form of insurance that covers medical expenses and lost wages if an employee gets hurt while working. The purpose behind this type of insurance is twofold: firstly, it allows workers who have been injured on the job to get back on their feet without having financial difficulties due to missing work, and secondly, it gives employers an incentive not to promote unsafe practices which might lead to injuries. The most important part of this insurance is it is a no-fault system, meaning that you can recover even if the accident is your fault. 

In North Carolina, employers are required to provide workers’ compensation insurance for their employees. Therefore, if you are injured on the job, you can file a claim with your employer’s insurance company. To learn more about how workers’ compensation works in North Carolina functions, contact Collier Law.

How Long Can You Be On Workers Comp?

If your employer or insurance carrier has accepted your claim, and they are paying you a weekly check, your benefits will continue until you (1) return to work, (2) settle your case, or (3) a judge allows the insurance carrier to stop your check. Also, North Carolina has a cap on workers’ compensation benefits of 500 weeks. There are a few exceptions to that, though. 

Once you reach maximum medical improvement (MMI), the insurance carrier will usually want to settle your case. MMI is the point at which your doctor believes that you have reached your maximum healing potential. This does not mean that you are healed, but only that your doctor does not expect you to improve any further.

To learn more about what these benefits entail and which ones you may be eligible for, contact a workers’ compensation attorney at Collier Law.

How Long Does Workers’ Comp Benefits Last?

When you are injured at work and eligible for workers’ compensation, you may receive temporary total disability (TTD), permanent partial disability (PPD), temporary partial disability (TPD), or permanent total disability (PTD) benefits.

To learn more about what these benefits entail and which ones you may be eligible for, contact a workers’ compensation attorney at Collier Law.

Permanent Partial Disability

Permanent partial disability is a condition that results from an injury or illness at work and causes you to lose some of your ability to perform essential job functions without undue hardship. , Once you reach maximum medical improvement, your doctor will usually assign a permanent partial disability rating to your injured body part. There is a calculation contained in N.C. Gen. Stat. 97-31 to determine the injured body part’s worth.

Contact Collier Law to go through these calculations and discuss getting a second opinion on your rating. You should know that if you are unsatisfied with the rating you receive from your treating physician you are entitled to a second opinion with a doctor of your choosing. 

Temporary Partial Disability

Temporary partial disability (TPD) is a type of benefit that you may receive from workers’ compensation if you return to work but earn less because of your injury.  The amount of the TPD payment is 2/3rds of the difference between wages earned after the injury and the employee’s Average Weekly Wage. TPD benefits can continue for up to 500 weeks.

Temporary Total Disability

Temporary total disability “TTD” benefits are payments that you receive while you are unable to work at all due to your injury. These benefits last up to 500 weeks maximum with some limited situations that allow extension of that. If your claim is accepted, then an insurance carrier will pay you TTD until you return to work, settle your case, or a judge allows them to stop your check. 

What is The Statute of Limitations for Workers’ Comp in North Carolina?

In North Carolina, the statute of limitations for workers’ compensation is two years from the date of injury. This means that you have two years to file a claim.

How Collier Law Can Help You With the Workers’ Compensation Process

If you or someone you love has suffered a work-related injury or illness, call an experienced workers’ compensation lawyer at Collier Law for assistance with your workers’ comp case.

You are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve. We are advocates for injured employees. Call for a free consultation to find out how we may assist you.