For North Carolina employees injured on the job, it can be a scary and confusing time, not to mention physically painful. Many injured employees want to know, “How are my weekly workers’ comp benefits calculated?”
The general purpose of the workers’ compensation system in North Carolina is to provide wage replacement for injured workers while they cannot work due to recovery. However, there are some workers’ compensation laws that all North Carolina workers should be aware of.
Types of Workers’ Compensation Benefits in North Carolina
There are a couple of different types of North Carolina workers’ compensation benefits you should know about to help you determine how your benefits will be calculated. The various types of benefits for workers’ compensation in North Carolina are detailed below.
- Temporary Total Disability/TTD: The injured employee is unable to earn any wages for an extended time because they are totally unable to work. These are the most common benefits received.
- Temporary Partial Disability/TPD: The injured worker’s ability to work is limited due to their injury, but they are still able to perform light duties for lower pay than prior to their injury.
- Permanent Partial-Total Disability/PPD-PTD: The injured worker has impairments following complete healing, or they have full disability as a result of their injury.
Calculating TTD Benefits
Because TTD benefits affect the most workers, they are the most important to understand. Benefits are based on an average weekly wage, an AWW. This is the average of the 52 weeks worked right before your injury. This amount considers all forms of income during that time period. For instance, paid leave, overtime, bonuses, and even expense allowances are used to find the AWW.
An example presents a worker who has been injured. Prior to their injury, they made $2,000 per week. This is the AWW. Multiply it by 66.7%, and this worker will get $1,334 per week, ranging from 10 to 500 weeks. If their injury occurred after June 24, 2011, TTD will be available for up to 500 weeks, unless circumstances require an extension under special conditions.
TPD benefits are limited to 500 weeks, unless the injury occurred before June 24, 2011. Before that date, benefits were capped at 300 weeks.
With a case of permanent disability, the number of weeks that any employee can collect benefits is determined by their specific injury. Different body parts are assigned different time frames for benefits to be paid.
If you have additional questions about how your weekly workers’ comp benefits will be calculated, you should seek legal advice from a reputable Greensboro workers’ compensation attorney.
How Much Will I Get?
In 2025, there is a maximum of up to $1,380 per week. This doesn’t apply to injuries that occurred before January 1, 2025. Employees’ workers’ comp payments per week will differ from other employees’ payment amounts, as it is dependent on your weekly wage.
To fully understand your benefits and to ensure that you are getting the most out of your workers’ comp, you should consider the option to hire a compensation lawyer to assist you with your claim.
FAQs
Q: How Are Workers’ Compensation Benefits Calculated in North Carolina?
A: In North Carolina, workers’ compensation benefits are calculated by determining 66.67% of an injured worker’s average weekly wage, also called the AWW. The AWW is based on the previous 52 weeks’ wages earned by the injured employee prior to the injury. There are minimum and maximum benefit amounts per week. These limits are controlled by the North Carolina Industrial Commission. Furthermore, the injury or injuries determine the length of time that payments can be received in weeks.
Q: Who Is Exempt From Workers’ Compensation in North Carolina?
A: Some employees are exempt from the North Carolina Workers’ Compensation Act. These exempt workers are referred to as “casual employees.” A casual employee is a worker who is temporary, such as seasonal staff brought in to work the holiday season at a retail store or an independent contractor. These workers are hired as needed and do not have typical employee benefits, such as health insurance, retirement accounts, or workers’ compensation.
Q: How Long Are Workers’ Comp Benefits Paid out in North Carolina?
A: In North Carolina, workers’ comp benefits are paid for up to 500 weeks, depending on the injury of the employee. The first 7 days are unpaid, unless the disability continues for longer than 21 days. The days can be non-consecutive. This includes workdays, weekend days, and holidays on which the injured employee did not receive a full day’s wages due to the injury.
Q: How Long Do Workers’ Compensation Benefits Take to Pay out in North Carolina?
A: An NC workers’ compensation case can take longer than you think. In some cases, settlements don’t pay out until after an injured worker has reached maximum medical improvement, or MMI. It may also take settlement mediation, which can delay a case. If your case has to be extensively investigated, this also could extend the time it takes for you to get your settlement. Every case is different. Talk to a workers’ compensation attorney to learn more about your injury case.
Q: How Does Workers’ Comp Get Paid?
A: In North Carolina, workers’ compensation benefits are paid out to recipients on a weekly basis. Some injured employees receiving workers’ compensation benefits in North Carolina may receive monthly payments. If you are expecting workers’ compensation payments from North Carolina, they will likely come in the form of a check, though some payments are now being made through direct deposit.
Hire a Workers’ Compensation Lawyer Whom You Can Trust
Successful law firms have countless success stories in which they have won their clients significantly more than their original claim was worth. For instance, the law firm of M. Reid Acree, Jr., Attorney at Law, P.A., took a $900 claim and turned it into an $85,000 claim, and this is only one of many. If you are in need of a compensation attorney who gets results, contact our offices to learn more about how our legal services can enhance your claim.