Benefits for Lost Wages in NC Workers’ Compensation Cases

A severe workplace injury could have long-term effects on your financial security, especially if you are forced to miss weeks or even months of paychecks as you recover. If the injury causes permanent disabilities, there is a chance you might never work again. If you’re a qualified employee who suffered a debilitating injury at work in North Carolina, workers’ compensation should replace a portion of your lost wages.

The Greensboro workers’ compensation attorneys at Ward Black Law have decades of experience handling cases like yours. We are ready to help you claim the maximum benefits you’re entitled to under the law. Our commitment to our clients and our track record of success are why we have received numerous honors for our services, including being named to U.S. News & World Report’s “Best Lawyers” list.

Let us get to work on your case immediately. Call us today or visit our contact page to set up a free case review.

What Are Lost Wages in Workers’ Compensation Cases?

At its simplest, lost wages in a workers’ compensation case refers to the money an injured employee cannot make because they are too injured to work at all or at the same level they did before their injury.

At this point, you might be wondering what counts as lost wages. After all, not everyone is paid a regular hourly rate. Some people earn a salary, other people are paid an hourly wage, while others have a relatively low hourly rate augmented by tips or commissions. How are these employees compensated when they cannot work because of an on-the-job injury?

The answer is relatively simple. Those who’ve worked for the same employer for the previous 52 weeks will take their total pay from that employer in that period and divide it by 52 to arrive at an average weekly wage (AWW), which serves as the basis for further calculations. Workers who’ve worked for their employer for fewer than 52 weeks will divide the total pay earned over their employment by the number of weeks they’ve worked there. And for those of extremely short tenure, the AWW is established by looking at the pay rate of a similar employee.

Does Workers’ Comp Cover Lost Wages in Greensboro, NC?

If your employer’s workers’ compensation insurer accepts your claim, it must cover your lost wages under the terms of the law. How much you can receive in compensation depends on your earnings before your injury, how long your doctors expect your injury to last, and several other factors. An attorney with experience handling North Carolina workers’ comp cases can tell you more about how much compensation you could recover in your case.

Types of Lost-Wage Benefits

There are two main kinds of lost-wage benefits available to injured workers in North Carolina. The first is lost-time benefits, also called temporary disability benefits, which cover two-thirds of your pre-injury AWW while you heal, subject to a cap that increases regularly based on the rising cost of living. According to the North Carolina Industrial Commission, you cannot receive lost-time benefits for the first seven days unless your injury or disability ends up lasting longer than 21 days. If you can work, but only in a reduced capacity that pays less, these benefits pay two-thirds of the difference between your pre- and post-injury wage.

The second type of lost-wage benefit is for permanent disability, which pays you for an impairment expected to remain after you have reached maximum medical improvement. The amount it pays depends on the affected body parts, per the state’s schedule of injuries, and the degree of their impairment. Workers who suffer permanently and completely disabling injuries may be entitled to benefits for life.

How Do I Prove My Lost Wages?

Your medical records will establish your inability to work, while your pay records will establish the amount of lost-wage benefits you’re entitled to. An experienced workers’ compensation lawyer can gather the evidence you need to prove your lost wages and counter any arguments from the insurer in an attempt to minimize what you are rightfully owed.

How Much Does Workers’ Compensation Pay for Lost Wages in Greensboro?

According to the North Carolina Industrial Commission, your wage-replacement benefits (also known as lost-time or temporary disability benefits) are set at two-thirds of your average weekly wage before the injury, subject to a cap set by the maximum weekly compensation rate. You can find the current cap by visiting the North Carolina Industrial Commission’s website.

Because permanent disability and scheduled loss benefits are based on your injuries and how they impact your ability to work, it is difficult to say how much you could receive without a thorough review of your case. Our workers’ compensation lawyers can provide more information on how much your lost wage benefits might be.

How to Pursue Compensation for Lost Wages in Workers’ Compensation Cases

The first step to take after a work-related injury is to let your employer know what happened as soon as you can. The North Carolina Industrial Commission says injured workers should report their injury to their employer in writing within 30 days.

Once you have informed your employer of your injury, speak with our workers’ compensation lawyers. We can notify your employer if you haven’t already. Our workers’ comp attorneys can then handle all the necessary paperwork in your case and assist with any appeals if your employer denies your claim or tries to reduce your benefits.

Contact a workers’ compensation lawyer at Ward Black Law immediately if your employer rejects your claim, as you have limited time to file an appeal if you want to claim your rightful benefits.