Do You Get 100% Pay on Workers’ Compensation?

If you’ve suffered an injury or illness on work premises, you’re entitled to use your workers’ compensation benefits to cover costs such as lost income or related medical expenses. While you are recovering from a work-related illness or injury, you may be wondering, “Do you get 100% pay on workers’ compensation?”

The short answer: No, you do not get all your wages paid to you through your workers’ compensation benefits. Under the North Carolina Workers’ Compensation Act, you may receive a percentage of your weekly wages as part of your benefits. Additionally, your benefits may cover out-of-pocket expenses and medical bills related to the incident.

What Percentage of My Pay Do I Earn With Workers’ Compensation in North Carolina?

In North Carolina, workers’ compensation usually covers two-thirds of the affected employee’s weekly wage as their Temporary Total Disability (TTD) benefits. The amount paid is capped at a certain rate, which is set and changed by the North Carolina Industrial Commission (NCIC) annually.

You’re eligible to receive workers’ compensation payments until you are able to return to work. Depending on the severity of the injury, you may be eligible for up to 500 weeks of payments through your workers’ compensation benefits.

About North Carolina Workers’ Compensation Laws

With a workforce participation rate of 59.8 percent, it’s important for workers in North Carolina to understand their rights. Any employer with three or more employees must provide workers’ compensation benefits. These benefits typically cover any costs associated with a work-related injury or illness, including compensation for medical bills and lost income due to time off work.

North Carolina uses a no-fault system for workers’ compensation, which means employees are entitled to their benefits regardless of who was at fault for an accident in the workplace. This better protects employees from injury or harm on the job.

In 2023, there were about 68,600 injury and illness cases reported from private industries in North Carolina, 40,900 of which were considered severe in nature, which means the employee needed multiple days away from work, job transfer, or some restriction while recuperating. The state saw another 17,100 of these cases from state and local government sectors, too.

In most situations, workers’ compensation is an exclusive remedy for job-related injuries. This means that if your injury falls under the scope of your workers’ compensation rights, you typically cannot pursue legal action against your employer for the same injury.

The North Carolina Industrial Commission (NCIC) is responsible for all issues concerning workers’ compensation in North Carolina. It handles claims, disputes, and all other matters related to workers’ comp cases throughout the state.

How to Use Workers’ Compensation Benefits in North Carolina

If you’ve been injured in the workplace, it’s important to report the injury or harm to your employer within 30 days of the incident. If the employer does not take the proper steps to compensate the employee for their losses, the employee has the right to file a workers’ compensation claim against their employer with the NCIC. It’s important to note that these claims must be filed within two years of the incident.

Occupational Accident Insurance in North Carolina

While it’s only mandatory for employers to have workers’ compensation insurance in North Carolina, some businesses choose to offer occupational accident insurance (OAI) as well. This is a separate form of insurance that offers limited benefits for specific injuries. It’s important to note that OAI is not a substitute for workers’ compensation.

FAQs

Q: What Percentage Does Workers’ Compensation Pay in North Carolina?

A: In North Carolina, your workers’ compensation benefits do not cover 100% of your pay. Instead, you can typically expect your workers’ compensation to cover two-thirds of your weekly wages for up to 500 weeks. In addition to these payments, you can expect your workers’ compensation benefits to cover things such as medical bills and some permanent disability costs.

Q: Does Workers’ Compensation Pay for Pain and Suffering in North Carolina?

A: Workers’ compensation in North Carolina covers economic damages from work-related illnesses or injuries, such as medical bills, lost wages, and long-term disability. You cannot seek compensation for non-economic damages like pain and suffering through your workers’ compensation benefits.

Moreover, workers’ compensation is typically an exclusive remedy for workplace injuries, which means you cannot file a separate case against your employer for the incident.

Q: What Is the “Coming and Going” Rule in North Carolina?

A: The “coming and going” rule in the North Carolina Workers’ Compensation Act states that injuries employees sustain while traveling to or from their place of work are generally not covered by their workers’ compensation benefits. There are several exceptions to this rule depending on the nature of the job and the location of the accident. Consult with a North Carolina workers’ compensation lawyer to learn more about your options.

Q: What Does North Carolina Workers’ Compensation Cover?

A: In North Carolina, workers’ compensation benefits exist to cover expenses related to a work-related illness or injury. Under the North Carolina Workers’ Compensation Act, these benefits typically cover costs such as lost wages if work is missed due to the injury or illness and any medical bills related to the incident.

Learn More About Your Rights From a Concord Workers’ Compensation Lawyer

Understanding and exercising your rights as an employee can be complicated, especially if you don’t fully understand North Carolina law surrounding workers’ compensation. The Bollinger Law Firm, PC, is committed to keeping you informed about important details about your workers’ compensation rights so you know what you are entitled to when the time comes for you to use your benefits.

Whether you are unsure how to receive your workers’ comp benefits or you suspect your employer is withholding these benefits from you, a Concord workers’ compensation lawyer can evaluate your claim and help you seek the justice you deserve.

Our seasoned legal team can answer any questions you may have along the way to ensure you don’t encounter any insurmountable roadblocks. Contact the Bollinger Law Firm to learn more about your benefits and rights as an employee today.