The workers’ compensation program exists to help injured employees receive financial compensation for workplace injuries and illnesses. In North Carolina, employees can receive coverage for medical bills and lost wages through workers’ comp. But how long can you be on workers’ compensation in North Carolina?
Explore workers’ comp rules, benefits, and eligibility requirements to better understand how long you can expect to receive workers’ comp.
Workers’ Compensation Benefits in North Carolina
The North Carolina Industrial Commission (NCIC) administers workers’ comp in the state. To qualify to receive benefits, you must be able to prove that your injury or illness is connected to work. Once the claim is accepted, you may receive medical benefits, wage replacement, vocational rehabilitation, or disability benefits.
When trying to understand how long you can be on workers’ comp, it helps to break down the different types of benefits and how NCIC awards them.
For starters, there is no time limit on how long you can receive medical benefits as long as they’re necessary to your recovery process. Your employer’s insurance is required to cover:
- Medications
- Surgeries
- Approved treatments
- Physical therapy
- Mileage to and from doctor appointments
If you’re unable to work, you might qualify for temporary total disability benefits, which replace a portion of your weekly wages. In North Carolina, you can receive this benefit for up to 500 weeks, or what equates to about 9.5 years from the date of the incident. The average number of days workers’ comp recipients were on workers’ comp in 2023 was 12.01 from the date of the injury until they were cleared to return to work.
If you cannot return to work at full capacity but can handle some tasks, you might qualify for temporary partial disability, also capped at 500 weeks.
Permanent partial disability is based on the level of permanent impairment you’ve sustained, as determined by a physician. This involves you being able to work in some small capacity, but not being able to return to your original workload. North Carolina law determines these benefits and how long they last. You may receive a lump sum payment or payment on a weekly basis.
Permanent total disability happens when you can never return to gainful employment because of your injuries. In this case, you can receive benefits for the rest of your life. Injuries must be severe to receive this benefit.
North Carolina reported almost $25.5 million in workers’ comp medical cost payouts in 2023. The state also paid out more than $1.5 million in wage replacement to injured employees that year as well.
The 500-Week Rule for Workers’ Compensation Benefits
Although the North Carolina Workers’ Compensation Act limits wage-replacement benefits to 500 weeks, there are still exceptions to the rule. If you reach week 425 and still cannot earn wages because of your injury, you may apply to extend the 500-week limit.
To do this, you must file a petition with the North Carolina Industrial Commission in Raleigh. You’ll need to prove that you cannot earn a living at all because of your injuries or ailment. If the commission agrees, they may grant your benefits to continue indefinitely.
The process of proving your case is not an easy one. You need strong evidence in your favor, which is why hiring a Concord workers’ compensation lawyer is imperative to give you the most favorable chance of receiving these benefits.
Benefits can also end when you settle your claim through Form 26A, which can involve a lump-sum payment in exchange for giving up the right to future benefits.
If your employer offers you a job within your physical limits, but you refuse, this will lead to benefits suspension as well.
FAQs
Q: How Long Can You Collect Workers’ Comp in NC?
A: In North Carolina, you can potentially collect workers’ comp for up to 500 weeks. This applies to temporary total disability or partial disability. If you can prove your work accident left you permanently disabled, you may qualify for lifetime benefits. The duration of your workers’ comp benefits depends on your treatments, recovery time, work capacity, and the doctor’s overall evaluations.
Q: What Is the Statutory Limit for Workers’ Comp in North Carolina?
A: In North Carolina, the statutory limit for workers’ comp is two years from the date the injury occurred to submit your claim. If you miss this legal deadline for filing, you could lose the right to receive benefits altogether, as it would be dismissed under state law. To initiate a workers’ comp case, injured workers generally need to fill out and file a Form 18 with the North Carolina Industrial Commission at 1240 Mail Service Center in Raleigh.
Q: Can You Be Fired While on Workers’ Comp in NC?
A: Yes, you can be fired while on workers’ comp in North Carolina, but not just because you filed a workers’ comp claim. Terminating your employment because of the claim would be illegal. However, employers can legally terminate you for unrelated reasons, such as the company downsizing or your inability to return to the job due to medical restrictions.
If you’re let go from your job, you can still receive workers’ comp benefits, including medical care and wage replacement.
Q: How Long Does an Employer Have to Hold a Job for Someone on Workers’ Compensation?
A: North Carolina law does not specify how long an employer must hold a job for someone on workers’ comp. However, North Carolina employers must follow the Family and Medical Leave Act, which grants up to 12 weeks of job-protected leave for eligible employees. After this period ends, the employer can fill the position or offer modified duties to injured employees upon their return.
Contact a Workers’ Compensation Lawyer Today
If you’re worried about your workers’ compensation benefits ending before you’re ready, you need a skilled workers’ compensation lawyer to help you put together a strong case. Contact the office of M. Reid Acree Jr., Attorney at Law, today to schedule a consultation and learn more about how long you can be on workers’ compensation in North Carolina.