What You Need To Know About Workers’ Comp
Here are common questions we are asked regarding workers’ comp. We encourage you to contact us with other questions regarding your workers’ comp eligibility if you are injured at work.
What are the benefits recoverable under workers’ compensation?
- Medical: This would include any treatment necessary to obtain a cure, provide relief and lessen your period of disability.
- Wage loss: You are entitled to receive two-thirds of your average weekly wage as long as your physician has written you out of work for more than seven days.
- Payment for permanent disability: If a physician assigns you a permanent disability rating to an injured body part, or you suffer a permanent loss of wage-earning capacity, you are entitled to be compensated.
There are additional subcategories that may be recoverable. These benefits vary from case to case, and we encourage you to call our office to discuss your particular circumstances.
When do I get lost wages?
No compensation is due for the first seven days of lost time, unless the disability exceeds 21 days. Therefore, the first check will not include payment for the first seven days. Payment for those days will be made should the disability continue beyond 21 days.
How are my wages calculated?
Injured workers are entitled to receive two-thirds of their average weekly wage. An average weekly wage is calculated by averaging all the monies earned during the 52 weeks prior to their accident.
Do I get pain and suffering under workers’ compensation?
Unfortunately, pain and suffering is not awarded under workers’ compensation.
Can I change attorneys?
You have the right to change attorneys, should you desire. If you no longer wish for an attorney to represent you, they will have to get permission from the North Carolina Industrial Commission to withdraw.
If the accident was my fault, do I get workers’ compensation benefits?
Yes. If injured in an accident at work, fault does not matter.