• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Workers’ Comp
    • Durham, NC
      • Brain Injury Lawyer
      • Burns and Explosions Lawyer
      • Chemical Exposure Lawyer
      • Construction Accident Lawyer
      • Durham Back Injury Lawyer
      • Healthcare Workers and COVID-19 Lawyer
      • Occupational Disease Lawyer
      • Union Member Lawyer
      • Workplace Violence Lawyer
    • Charlotte, NC
  • Bicycle Crashes
    • Charlotte, NC
  • Personal Injury
    • Durham, NC
      • Burn Injury Lawyer
      • College Campus Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Motorcycle Accident Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
    • Charlotte, NC
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Premises Liability Lawyer
      • Motorcycle Accident Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Our Lawyers
    • Ann Groninger
    • Valerie Johnson
    • Drew Culler
    • Jennifer Segnere
    • Request a Speaking Engagement
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

March 1, 2018 By nicole

Workers’ Comp is based on disability

Workers’ Comp is based on disability 1

Many injured workers know someone who was injured at work and got a “big” settlement from workers’ comp. But getting a big settlement means that the injured worker suffered a terrible impact to his life and his ability to earn a living. Because Workers’ Comp is based on disability, it means a serious injury and lost money from being out of work. With workers’ compensation settlements, serious injuries accepted by the insurance company usually take a long time before there is a settlement. Sometimes they will never settle. All workers comp settlements are voluntary, and there is no way to force the insurance company to pay more than they want to pay! However it happens, a settlement comes at the end of a workers’ comp case, and sometimes years after the injury.

An injured worker is entitled to only three types of payments from workers’ comp: (1) payment for medical treatment, (2) payment for lost wages, and (3) payment for any permanent injuries. Medical treatment payments include the obvious: visits to the doctor, physical therapy, and hospitalization. It also includes things that you might not think of, including medical travel, broken eyeglasses, and payment for home care for some serious injuries.

Payment for lost wages is to compensate the employee because he is either totally out of work or because he can’t make as much money as he used to before his injury. An out-of-work employee will receive weekly workers’ comp payments equaling two-thirds of his average wages. That is called the workers’ comp rate, and it never changes. If an injured employee can find other work but makes less money, he is entitled to two-thirds of the amount he is losing from what he used to make.

If a worker has a permanent injury, and the doctor determines the amount of permanent injury (the percentage of damage to the body, also known as a rating), the insurance company must pay compensation for it. The amount the injured worker will receive is determined by the rating, the part of the body that was injured and the amount of the workers’ comp rate.

The date that an injured worker finishes healing from the injury is the most important date in his claim. That date is the first day that the injured worker can determine what type of payments they will receive. Some injured workers will not return to work because of their injuries and will receive ongoing weekly benefits and not the payment of a rating. Most injured workers will go back to work but some will not be able to make as much money as before the injury, and they may choose to receive weekly wage loss payments. Still others may choose the amount of the rating, also paid in weekly payments. The law says that the worker gets to choose the option that gives him the most money. Determining which option that will be can take time and a lawyer to figure out.

READ MORE on this topic from Valerie Johnson’s book, Workers Comp 101, Lessons You need to Learn Before It’s Too Late. 

Workers’ Comp is based on disability 2

Related posts:

  1. TOP 10 TIPS FOR WORKERS’ COMPENSATION CLAIMS IN NORTH CAROLINA
  2. What does “injury by accident” mean?
  3. Workers Comp 101: Injured workers who can work must return to work or look for work.
  4. Four Reasons Why You Could Lose Your Workers’ Compensation Case From a North Carolina Workers’ Compensation Attorney

Filed Under: Work Injury, Workers' Compensation Tagged With: Disability, Long-term Disability Benefits, workers compensation, workers' comp

Primary Sidebar

Primary Sidebar

Contact us

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees Workers’ Compensation Lawyers in Charlotte
  • Experienced Union Members Attorneys in North Carolina

Injury

  • Asbestos Exposure
  • Durham Back Injury Lawyers
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Practice Areas

Workers Compensation | Bicycle Crashes | Personal Injury

OTHER PRACTICE AREAS

Crisis Management | Employment Law | Mass Torts | Camp Lejeune Water Contamination | Vaccine Injury | Resort & Recreational Activity Injuries | Workers Comp Wage & Hours Disputes | College Campus Injuries | Drunk Driving Injury victim | Industrial Accidents | Inadequate Security Claims | Workplace Injuries | Covid 19 – Business Interruption | Workplace Injury 3rd Party Claims

Copyright Johnson & Groninger PLLC