When you’ve been injured on the job in North Carolina, understanding your rights is key. One of the most important distinctions is between temporary disability vs. permanent disability. These terms refer to two different categories of compensation that serve different purposes, have different eligibility criteria, and offer varying levels of support depending on how severe your injury is.
Knowing whether you qualify for temporary or permanent benefits, how much compensation you may receive, and how long those benefits might last can help you make informed decisions about your next steps.
Understanding Temporary Disability Benefits in North Carolina
When you are injured on the job and are temporarily unable to perform your usual duties, you may be eligible for temporary disability benefits under North Carolina’s workers’ compensation system. There are two categories of temporary disability benefits available in North Carolina:
- Temporary total disability (TTD) – If a worker is completely unable to work for a temporary period due to a job-related injury or illness, they can receive TTD benefits. For example, a worker who had surgery may be under specific medical restrictions that prevent working during recovery.
- Temporary partial disability (TPD) – This benefit applies when a worker can return to work in a limited capacity but earns less than before the injury. This often happens when a doctor approves light-duty tasks, which may pay less or offer fewer hours.
Understanding Permanent Disability Benefits in North Carolina
When a work-related injury leads to lasting impairment, you might be eligible for permanent disability benefits. There are both partial and total disability benefits available.
To receive permanent partial disability (PPD) benefits, a qualified medical provider must determine that the worker has reached maximum medical improvement (MMI). MMI is the point where the injured employee’s condition is not likely to improve with further treatment. The provider then assigns a permanent impairment rating, which reflects the degree of loss to a specific body part or function. The North Carolina Industrial Commission’s schedule of injuries assigns a certain number of weeks of compensation for the loss (or loss of use) of specific body parts.
To receive permanent total disability (PTD) benefits, the injured worker must have suffered specific injuries that prevent them from returning to work in any capacity. These cases involve:
- Paralysis of both arms, both legs, or the trunk due to spinal cord injuries
- Severe brain damage
- Loss of both hands, arms, feet, legs, eyes, or a combination
- Second- or third-degree burns to at least 33 percent of the body
How Disability Benefits Are Calculated in North Carolina
Whether a disability is temporary or permanent, your benefit amount and duration are determined using specific formulas and statutory guidelines under the North Carolina Workers’ Compensation Act.
Temporary Disability Benefits
Temporary total disability benefits are generally calculated at 66 2/3 percent of the injured worker’s average weekly wage (AWW). Temporary partial disability benefits cover 66 2/3 percent of the difference between the worker’s pre- and post-injury AWW. Both amounts are subject to caps set annually by the North Carolina Industrial Commission.
These wage replacement benefits are paid weekly and continue until the worker reaches maximum medical improvement (MMI) or is able to fully return to work. However, they are typically only allowed for up to 500 weeks.
Permanent Partial Disability
For permanent partial disability benefits, compensation is based on a physician’s impairment rating (expressed as a percentage) and a statutory schedule that assigns a specific number of weeks of compensation to each affected body part. For example, under North Carolina law, the loss of use of a hand equals 200 weeks of compensation. If a worker has a 50 percent impairment of their hand, they may be entitled to 100 weeks of compensation at 66 2/3 percent of their AWW.
Permanent Total Disability
Workers found to be permanently and totally disabled due to their injuries may be eligible for lifetime benefits. These benefits are paid at the same 66 2/3 percent rate as temporary total disability but without a set end date.
Settlements
In some cases, an injured worker may choose to resolve their claim through a settlement. While a settlement may offer faster access to financial compensation, it can potentially also close off future claims. Before you accept a settlement, it’s crucial to weigh your options and consult an attorney. They can explain exactly what you’re agreeing to with your settlement and whether it covers everything.
The Process of Transitioning from Temporary to Permanent Disability
Transitioning from temporary to permanent disability benefits begins when a physician determines you have reached MMI, the point at which your condition is unlikely to improve further. At that stage, the doctor assigns an impairment rating. This rating may help you qualify for PPD or, in severe cases, PTD benefits. Depending on the injury, you may be able to return to work with restrictions, receive scheduled compensation, or be considered for lifetime benefits.
This transition often triggers disputes over whether MMI has truly been reached, the accuracy of the disability rating, and whether you need vocational rehabilitation. An experienced workers’ comp attorney can help protect your rights throughout this process.
Contact Hardison & Cochran for Help with Your Disability Benefits Claim
Navigating North Carolina’s workers’ compensation system can be tough, especially when dealing with permanent and temporary disability benefits. The laws are complex, and getting the full workers’ compensation benefits you deserve often requires skilled legal guidance.
That’s where Hardison & Cochran comes in. With over 40 years of experience, our firm has a proven record of success, including securing $6.75 million for a delivery driver who was paralyzed on the job. Clients consistently praise our firm’s dedication and support, such as this one:
“Hardison & Cochran help me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.” – Doris C.
If you’ve been injured on the job and aren’t sure what benefits you’re entitled to, don’t navigate the workers’ comp process alone. Contact Hardison & Cochran today for a free consultation and find out how we can help fight for the benefits you deserve.
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