Unable to Go Back to Work After a Workplace Injury?
If you have suffered a work injury and your employer is unable to assign you work that you are physically able to do, you are entitled to total wage loss benefits under North Carolina workers' compensation law. These are also called temporary total disability benefits.
At the law firm of Grandy & Martin in Charlotte, we help injured workers obtain the total wage loss benefits they legally deserve. Our firm has been helping employees pursue workers' compensation claims for more than 25 years.
Contact us today to schedule a free consultation with a knowledgeable attorney. We will not charge you any legal fees unless we help you obtain benefits.
Determining Whether You Are Eligible for Wage Benefits
While you are receiving medical treatment for a workplace injury, your doctor will periodically give opinions on whether you are physically able to work. He or she may say that you are unable to do any kind of labor or that you can only work with certain restrictions.
- If you cannot work at all, your employer must pay you two-thirds of your average weekly wage (AWW) (usually based upon your earnings for the year prior to your injury) until you are able to return to work.
- If you can only work with restrictions and your employer cannot provide you with work that meets your restrictions, you are entitled to a total wage loss benefit.
If your employer does provide you with work that meets your restrictions, but does not compensate you for your full pre-injury income, you are entitled to partial wage loss benefits in addition to the wages for your light-duty work.
Calculating Fair Compensation for Your Loss of Wages
If you are not on salary or you regularly work overtime, calculating your average weekly wage may be difficult. There are also cases where it would not be fair to use the AWW and an alternative may be appropriate. The value of benefits you receive can sometimes also be used to raise your AWW and the rate at which you are compensated.
Our attorneys regularly help clients seek positive resolutions to disputes with their employers over total wage loss benefits. To discuss your concerns or questions with an experienced workers' compensation lawyer, please contact us.
