When Are My Workers’ Compensation Benefits Being Awarded?
A major on-the-job injury can set your finances back years. Workers’ compensation benefits can soften the blow, but it’s not always clear when you will start receiving workers’ comp benefits in North Carolina or how those workers’ comp payouts will be distributed to you. In fact, this information can be difficult to find even if you don’t know where to look.
That’s where the team at Ricci Law Firm Injury Lawyers can help. Our North Carolina workers’ compensation lawyers have spent years helping injured workers collect benefits after experiencing a serious injury or developing a severe occupational disease. We can answer any questions you have about the workers’ comp process and help you file a claim or appeal a denied claim.
Let’s take a closer look at how you are awarded the benefits you deserve and when you should expect that money. If you have any additional questions about workers’ compensation benefits, contact our North Carolina law offices today. When it comes to workers’ comp issues, the attorneys at Ricci Law Firm Injury Lawyers are on top of it.
How Are Workers’ Compensation Benefits Paid Out in North Carolina?
There are a few ways that the workers’ compensation benefits are paid out to you, and this depends on what type of benefits you receive as well as other factors. Let’s provide a brief overview:
- Wage Replacement Benefits – Wage replacement benefits are usually distributed by check or direct deposit, depending on the insurance company. This applies to both Temporary Partial Disability (TPD) and Temporary Total Disability (TTD).
- Medical Benefits – Medical benefits are usually distributed directly to the care providers from the insurance company.
- Permanent Partial Disability (PPD) – Permanent partial disability payments are typically distributed by check or direct deposit, depending on the insurance company.
- Permanent Total Disability (PTD) – Permanent total disability payments are made by check or direct deposit, depending on the insurance company.
- Death Benefits – Workers’ compensation death benefits are paid to the dependent(s) by check or direct deposit, depending on the insurance company.
As we work on your case, our North Carolina workers’ comp attorneys can provide more information based on your injury and your financial situation. We’ll also give you realistic expectations about how much you will receive in benefits and how long your benefits may last.
When Does Workers’ Compensation Start Paying in North Carolina?
As with how the payments are made, that depends on the nature of the situation. Here’s an overview of waiting periods and payment schedules/frequency:
- Wage Replacement Benefits – TPD and TTD wage replacement benefits are usually paid weekly. There is a 7-day waiting period from the date of the injury. If an employee is not able to work for more than 21 days due to their on-the-job injury, insurance will cover wages during the 7-day waiting period.
- Medical Benefits – Unlike wage replacement benefits, there is no waiting period for workers’ comp medical benefits. If reported immediately and the insurance provider agrees that the work injuries are compensable, the injured employee can start getting treated as soon as possible.
- Permanent Partial Disability (PPD) – Permanent partial disability benefits are usually paid weekly or as a lump sum. Payments are issued once a doctor believes the injured worker has reached Maximum Medical Improvement (MMI). This means that the worker has undergone medical care, but further treatment will not significantly improve the worker’s health.
- Permanent Total Disability (PTD) – Permanent total disability benefits are usually paid weekly for the rest of your life. This happens once a doctor believes that the injured worker has reached MMI and their injuries/physical restrictions are consistent with the legal definition of a permanent and total disability.
- Death Benefits – Workers’ compensation death benefits usually begin within 14-30 days of the claim being accepted. Dependents will receive weekly payments, with an additional payment to help cover any funeral costs and burial expenses.
Reimbursement for Out-of-Pocket Expenses After a Work Injury
With regard to medical benefits, some workers may need to pay for initial treatments out of pocket, depending on when their claim is approved. These workers can be reimbursed for these medical expenses through the North Carolina Industrial Commission.
As with any process that involves deadlines and paperwork, seeking reimbursement for injury-related expenses can be a hassle. Our NC workers’ comp attorneys can assist with this process so you can focus on recovery. Do not hesitate to contact Ricci Law Firm Injury Lawyers with your questions or concerns.
If My Claim Is Denied, How Long Will I Have to Wait Before I Receive Workers’ Compensation Benefits?
This really depends on the nature of the denied claim and how many additional hurdles you face in the weeks (and possibly months) ahead. It could even take years for you to finally get your denied claim approved so you can start receiving workers’ comp benefits. Should your claim finally be approved, you will be eligible for retroactive benefits.
Let’s consider a potential timeline so you can see just how long it can take to finally receive workers’ comp benefits after an initial claim denial:
- An initial denial usually comes about 14 days after the on-the-job injury/accident was reported.
- If you want to contest the denied claim, it will usually take about 4 to 6 months to seek mediation with the North Carolina Industrial Commission.
- If mediation does not go your way, you can then seek a formal hearing about your claim. This can take anywhere from 3 to 6 months. In addition, it can take a Deputy Commissioner 60 to 120 days to issue their decision after a hearing.
- If the hearing is unsuccessful, you can appeal the decision, which can take years before your claim is resolved.
Our Attorneys Can Help After a Denied Workers’ Compensation Claim
As you can see from the timeline above, an initial setback could mean months and months without a paycheck. There could be major medical bills as well as you seek treatment and rehabilitation for your injuries.
If your claim was denied, it’s best to consult with our North Carolina workers’ compensation attorneys as soon as possible. At Ricci Law Firm Injury Lawyers, we can help you appeal or reapply so you can start receiving financial assistance after an on-the-job injury sooner rather than later.
Do not delay—contact our North Carolina law offices today. We’re here to help injured workers recover.
How Long Will My Workers’ Compensation Benefits Last?
This depends on what type of benefits you receive and how your injury or illness has affected your life. For partial disability and death benefits, payments could last up to 500 weeks. For PTD benefits, the benefits are paid lifelong simply given the nature of the workers’ disability.
If you face any premature interruptions in your workers’ compensation benefits, the team at Ricci Law Firm Injury Lawyers can help. Our firm is on top of it, and we are ready to be your advocates.
What Financial Losses Can My Workers’ Compensation Benefits Cover?
Workers’ compensation benefits cover a number of expenses related to an on-the-job injury. Here’s an overview of what your benefits can cover, which should help you understand how helpful they can be for you and your household after a major workplace accident.
Coverage for Medical Bills and Treatment
Medical or hospitalization benefits are when your medical bills are paid for by your workers’ comp. It will pay for any hospital stays, surgery, nursing services, medications, assistive devices like crutches, and even prosthetics.
Coverage for Temporary or Permanent Disability
Disability benefits are what you get when you are unable to work because of your workplace injuries. This includes any wages you are missing out on because you are recovering from the injuries you sustained at work.
If you are temporarily disabled but can still work in some capacity, you are entitled to 66% of the difference between the wage you earned before the injury and the wage you are earning now. You can also earn compensation from a permanent disability, even if you are completely disabled or only partially disabled.
Coverage for Lost Wages Due to an On-the-Job Injury
Wage reimbursement is what you are entitled to when you are required to attend a medical evaluation by either your insurance company or workers’ compensation officials. You are entitled to compensation for the time it takes you to get to and from the evaluation.
Coverage for Vocational Training After a Workplace Accident
Vocational benefits are designed to help you retain a position that is different from the one you were working before you got injured on the job. You are entitled to this compensation if you are unable to perform the job duties of the position you held before your workplace accident.
Vocational benefits include getting compensated for vocational assessment, counseling, job training, job placement, and resume/interview services.
How Do I Know If I Qualify for Workers’ Compensation in North Carolina?
Suffering an injury on the job isn’t sufficient to apply for workers’ compensation. Generally speaking, you will qualify for workers’ compensation in North Carolina if you are a full-time, part-time, or seasonal employee at a business with three or more employees and you got hurt while at your workplace.
If you are an independent contractor, a domestic worker, or an agricultural worker, you may not qualify for workers’ compensation benefits. However, there are many exceptions to consider, and you may still be eligible for benefits under certain circumstances.
If you’re not sure if you qualify for benefits, reach out to our North Carolina workers’ comp attorneys as soon as possible to get the answers you’re looking for.
How Long Do I Have to File a Workers’ Comp Claim in North Carolina?
There are two important deadlines to remember when it comes to workers’ comp in this state:
- You need to report your injury to your employer in writing within 30 days of the on-the-job accident or the diagnosis of an occupational disease
- You need to file a workers’ compensation claim within 2 years of the workplace accident or the diagnosis of the occupational disease
If you do not report what happened to your employer within 30 days, you forfeit your ability to seek workers’ compensation benefits. It’s crucial that you alert your employer about a serious injury ASAP.
Do I Really Need a Workers’ Compensation Lawyer for My Claim?
Yes. If you’ve scrolled down this far, just think of all of the challenges, setbacks, delays, and exceptions we’ve noted above. This is just a basic overview of a few facets of North Carolina workers’ compensation law. This is too complicated for most people to parse on their own, especially when they should really be focused on healing from injuries and planning ahead based on new financial realities.
By working with experienced workers’ compensation lawyers from our law firm, you can achieve some peace of mind while you’re recuperating from your injuries. Our attorneys will always consider your best interests while pursuing benefits, and we will keep you in the loop about any new developments in your claim.
Why Should I Contact Ricci Law Firm Injury Lawyers About My Workers’ Comp Issues?
Ricci Law Firm Injury Lawyers has served the people of North Carolina since 1998. Workers throughout the Tar Heel State know that our law firm is on top of it—we’re trusted and well-established, and we get results.
The lawyers at our law firm have over 150 years of combined experience. We’ll use our extensive knowledge of workplace laws to your advantage, and always explain what’s happening in a language you can understand.
To best serve workers throughout North Carolina, we have multiple office locations throughout the state. This includes several offices in Eastern North Carolina, multiple offices serving the Research Triangle, and offices in Fayetteville and Charlotte. We’ve got the state covered, and we’re ready to help.
How Can I Learn More About Workers’ Compensation in North Carolina?
Workplace accidents can cause many financial difficulties, but if you get in touch with our law firm, you’ll have a lot of help on your side. Our law firm wants you to rest easy and feel reassured.
If you’ve been injured on the job and need the help of qualified and trusted workers’ compensation attorneys, contact our North Carolina law offices today. The entire team at Ricci Law Firm Injury Lawyers is ready to fight for you.