Raleigh Workers' Compensation Lawyer

Filing a Claim for Death Benefits After a Fatal Workplace Accident in Raleigh, NC

In the unfortunate event of a fatal workplace accident, the deceased employee's dependents may be eligible for death benefits through the workers' compensation system. This can include coverage for funeral expenses, as well as ongoing financial support for the family. The process for filing a claim for death benefits involves submitting the appropriate forms to the North Carolina Industrial Commission and providing documentation to demonstrate the deceased's relationship to the claimants.

The North Carolina Workers' Compensation Act Explained

The North Carolina Workers' Compensation Act is the state's governing law that outlines the rights and responsibilities of both employers and employees in the event of a workplace injury or illness. The Act covers topics such as:

• Employer coverage requirements 
• Eligible medical treatments and providers 
• Calculation of wage replacement benefits 
• Procedures for handling disputed claims 
• Penalties for noncompliance

Navigating the Complexities of Disability Benefits in NC Workers' Compensation Cases

When a worker in North Carolina suffers a work-related injury or develops an occupational disease, they may be entitled to various forms of disability benefits through the state's workers' compensation system. Understanding the different types of benefits, how they are calculated, and the processes involved can be crucial for employees seeking to receive the compensation they are owed. In this comprehensive blog post, we will explore the various disability benefits available under North Carolina workers' compensation law, providing a detailed overview to help you navigate this complex landscape.

Temporary Total Disability Benefits in NC Workers' Comp

Temporary Total Disability (TTD) benefits are paid to an employee who is completely unable to work due to a work-related injury or illness. These benefits are intended to replace a portion of the employee's lost wages during the period of their temporary total disability. In North Carolina, TTD benefits are typically calculated at a rate of two-thirds of the employee's average weekly wage, subject to a maximum and minimum weekly benefit amount set by the state. TTD benefits are paid until the employee reaches maximum medical improvement (MMI) or is able to return to work.

Temporary Partial Disability Benefits in NC Workers' Comp (TPD)

Temporary Partial Disability (TPD) benefits are paid to an employee who is able to return to work, but at a reduced capacity or wage, due to their work-related injury or illness. These benefits are intended to supplement the employee's reduced wages during their period of temporary partial disability. In North Carolina, TPD benefits are calculated as two-thirds of the difference between the employee's pre-injury average weekly wage and their current weekly wage. TPD benefits are paid until the employee reaches MMI or is able to return to their pre-injury wage.

Permanent Partial Disability Benefits in NC Workers' Comp (PPD)

Permanent Partial Disability (PPD) benefits are paid to an employee who has suffered a permanent impairment or loss of use of a body part or function due to a work-related injury or illness. These benefits are intended to compensate the employee for the permanent loss or disfigurement. In North Carolina, PPD benefits are calculated based on a prescribed schedule of benefits for specific body parts or functions, multiplied by the employee's percentage of impairment as determined by a medical professional.

Permanent Total Disability Benefits in NC Workers' Comp (PTD)

Permanent Total Disability (PTD) benefits are paid to an employee who is completely and permanently unable to work due to a work-related injury or illness. These benefits are intended to provide lifetime income replacement for the employee. In North Carolina, PTD benefits are calculated at a rate of two-thirds of the employee's average weekly wage, subject to a maximum and minimum weekly benefit amount set by the state. PTD benefits are paid for the duration of the employee's life or until they are able to return to work.

Calculating Disability Benefits in NC Workers' Compensation Cases

The calculation of disability benefits in North Carolina workers' compensation cases is primarily based on the employee's average weekly wage prior to the injury or illness. The average weekly wage is typically calculated by dividing the employee's total earnings during the 52 weeks prior to the injury by 52. This figure is then used to determine the appropriate benefit rates for TTD, TPD, PPD, and PTD benefits, as outlined above.

NC State Employee, Teacher, and Law Enforcement Officer Salary Continuation Benefits

In addition to the standard workers' compensation disability benefits, North Carolina provides "salary continuation" benefits for certain public employees, including state employees, teachers, and law enforcement officers. These benefits allow eligible employees to receive their full salary for a period of time while they are unable to work due to a work-related injury or illness, instead of receiving the standard two-thirds of their average weekly wage. The specific details and eligibility requirements for these salary continuation benefits may vary depending on the employee's occupation and the nature of their injury or illness.

Injury Ratings for NC Workers' Compensation

When an employee suffers a permanent impairment or loss of use due to a work-related injury or illness, a medical professional will assign an "injury rating" or "impairment rating" to the affected body part or function. This rating, expressed as a percentage, is used to determine the amount of PPD benefits the employee is entitled to receive. The higher the injury rating, the greater the PPD benefits the employee will receive.

Occupational Diseases for NC Workers' Compensation

In addition to injuries, North Carolina workers' compensation also covers certain occupational diseases that are caused by or aggravated by the employee's work environment or job duties. Occupational diseases can include conditions such as repetitive stress injuries, hearing loss, respiratory illnesses, and certain types of cancer. Employees who develop an occupational disease may be eligible for the same types of disability benefits as those who suffer a work-related injury.

NC Workers' Compensation Death Claims and Benefits

In the event of a work-related fatality, North Carolina workers' compensation provides death benefits to the deceased employee's eligible dependents. These benefits include a lump-sum payment, as well as ongoing weekly payments to the surviving spouse and/or dependent children. The amount of the death benefits is calculated based on the employee's average weekly wage, and the specific details of the benefits may vary depending on the number and relationship of the dependents.

NC Workers' Compensation Settlements

In some cases, an injured employee and their employer (or the employer's insurance carrier) may agree to a lump-sum settlement of the worker's compensation claim, rather than continuing to receive ongoing disability benefits. These settlements can provide a one-time payout to the employee, which may be beneficial in certain circumstances. However, it is important for employees to carefully consider the terms of any settlement offer, as it may have long-term implications. Consulting with an experienced North Carolina workers' compensation attorney can help ensure that the settlement is fair and in the best interests of the employee.

Navigating the complex world of North Carolina workers' compensation disability benefits can be a daunting task, but understanding the various types of benefits, how they are calculated, and the processes involved can help ensure that injured employees receive the compensation they are entitled to. By seeking the guidance of knowledgeable legal professionals and staying informed about their rights and options, workers in North Carolina can better protect their financial and medical well-being in the event of a work-related injury or illness.

Who Can File a Workers' Compensation Claim in NC?

In North Carolina, the following individuals may be eligible to file a workers' compensation claim:

• Employees of private companies
• State and local government employees 
• Seasonal and part-time workers 
• Undocumented immigrants 
• Volunteer firefighters and rescue squad workers

Navigating the Complexities of Workplace Injuries in North Carolina

Workplace injuries can be a significant burden, both physically and financially. In North Carolina, the workers' compensation system aims to provide relief and support for those who have been hurt on the job. However, the intricacies of the system can be daunting, leaving many employees unsure of their rights and options. This comprehensive guide will explore the 10 most common workplace injuries, the steps to take after an accident, the available compensation, and the role of a workers' compensation lawyer to seek full and fair compensation.

10 Most Common Workplace Injuries

• Overexertion: This includes injuries from lifting, pushing, pulling, or carrying heavy objects, as well as repetitive motions. 
• Slips, Trips, and Falls: Slippery or uneven surfaces, as well as falls from heights, can lead to serious injuries. 
• Struck-by Objects: Being hit by falling, flying, or moving objects is a frequent cause of workplace accidents. 
• Caught-in/Between: This category includes injuries from being caught in or compressed by equipment or objects. 
• Motor Vehicle Accidents: Employees who drive for work, such as delivery drivers or salespeople, may be involved in collisions. 
• Repetitive Stress Injuries: Prolonged use of tools or equipment can lead to conditions like carpal tunnel syndrome or tendinitis. 
• Exposure to Harmful Substances: Exposure to chemicals, gases, or other hazardous materials can result in occupational illnesses. 
• Workplace Violence: Assaults or other violent acts by co-workers, customers, or clients can cause physical and emotional trauma. 
• Slip and Fall Injuries: Wet or uneven floors, poor lighting, and cluttered work areas can contribute to these types of accidents. 
• Ergonomic-related Injuries: Improper workstation setup or poor posture can lead to musculoskeletal disorders.

What to Do After a Workplace Accident

If you are involved in a workplace accident, it is crucial to take the following steps: 

• Seek immediate medical attention, even if the injury seems minor. 
• Report the incident to your employer as soon as possible, typically within 30 days. 
• Document the accident, including the date, time, location, and any witnesses. 
• Gather any relevant evidence, such as photographs or medical records. 
• Consult with a North Carolina workers' compensation lawyer to ensure your rights are protected.

Workers' Compensation Settlements: What is a Clincher Agreement?

In some cases, it may be possible to settle a workers' compensation claim through a lump-sum payment. This is known as a "clincher agreement" in North Carolina. Clincher agreements can provide a quicker resolution to the claim, but it is essential to understand the potential long-term implications before accepting a settlement.

Employer Retaliation

It is important to note that employers are prohibited from retaliating against employees for filing a workers' compensation claim.