Disability Benefits in North Carolina’s Workers’ Compensation

Have you been injured at work? Have those injuries led to prolonged recovery time and affected your ability to work, thereby resulting in wage loss or permanent physical impairment?

If you’ve answered yes, then you are eligible for disability benefits in North Carolina by the workers’ compensation law. Read on to understand what these benefits are and when they are paid.

adult leg injury sitting on wheelchair with plaster foot.

Wage-Replacement Benefits

If the injuries sustained at work prevent you from going to work and performing your job duties, you may be entitled to partial wage-replacement benefits by law. These benefits are offered through workers’ compensation. However, two things are essential to understand, and these are that:

Payments of partially lost income, in general, may not be available unless your condition requires you to miss work for at least seven days and more. This means that you may not receive any payment under partial wage-replacement benefits for the first seven days you miss work unless your disability lasts more than 21 days.

In addition to this, disability payments under workers’ compensation are typically made weekly. Moreover, the payments equal 2/3 of the average weekly wage. This is perhaps 66.6 percent of your wage and up to a cap, which is annually adjusted.

Although collecting disability benefits should simple, in reality, these claims are complicated when employers and insurance companies actively contest them. Therefore, it is advisable to work with an experienced and knowledgeable lawyer in North Carolina who can navigate you through the process and help protect your rights.

Types of Disability Benefits

Under the North Carolina workers’ compensation law, disability benefits are divided into four categories. The type of benefit you may qualify for predominantly depends on:

  • The length of your disability (when it is expected to last), such as is it temporary or permanent
  • Disability extent such as is it partial or total

Simply stated, each category has its qualification requirements and specific payments. Take a look to learn more:

Temporary Total Disability (TTD)

Benefits under TTD are paid during the healing period after the workplace accident or occupational disease; and when the injured worker is unable to work in suitable employment. The term ‘suitable employment’ is a complex concept and is variable from case to case. Therefore, it’s best to let a lawyer lead the way and guide you through it.

Apart from that, to receive TTD, the waiting period is of seven days. Note that the seven days don’t necessarily have to be consecutive. Also, it is the injured worker’s responsibility to prove the disability so that you can receive TTD benefits. The best way to do so is to provide a physician’s note that authorizes you to rest and not work.

In addition, temporary total disability benefits apply during the healing period even if the worker returns to work and with some physical restrictions that the employer can’t accommodate.

The employer may stop TTD payments if they can convince the Industrial Commission that the employee is no longer disabled.

disability benefits for workers compensation theme, wheelchair close up

Temporary Partial Disability (TPD)

These benefits are offered during the healing period when the injured worker returns to work but at a lower wage. The seven-day waiting period applies here too. The amount of temporary partial disability benefits is 2/3rd of the difference between the employee’s average weekly wage and earned wages after the injury.

Permanent Partial Disability (PPD)

The Permanent Partial Disability benefits are offered to the injured worker at the end of their healing period. It is legally known as Maximum Medical Improvement (MMI). However, the second condition that the injured worker shall fulfill to qualify for the benefits is that they must continue to have impairment in one of the body parts, as mentioned in NCGS 97-31.

In simple terms, these injuries are known as scheduled injuries, which are categorized as disabling under the North Carolina workers’ compensation law. Under NCGS 97-31, every scheduled body part is assigned a specific number of weeks until benefits are disbursed.

For instance, a hand injury falls under scheduled injury, which has been assigned 200 weeks of benefits. Thus, when the worker reaches MMI for the scheduled injury, their physician will determine a percentage disability rating for that body part. This shows the percentage loss of function to the injured body part. The amount of payments is offered depending on the impairment rating of the physician. This is subject to change if you can show a substantial worsening of the injury.

Permanent Total Disability (PTD)

You may be entitled to this benefit if you have lost your ability to earn wages for good. Payments under this category are made indefinitely. They are calculated based on the wages that you earned during the year before your disabling accident.

These benefits are primarily available if the victim losses both feet, arms, legs, eyes, or any two of these. Other exceptions to these benefits are spinal injuries resulting in paralysis and second and third-degree burns over a third of the body’s surface.

Temporary Total Disability (TTD)

Like wage-replacement benefit, an injured worker shall receive this if your workplace injuries prevent you from working for a specific time. However, they are limited to 500 weeks of payment and 2/3 of the average weekly wage up to the cap.

a man with a personal injury meets his board certified legal representation

For more information on disability benefits in North Carolina or legal assistance, contact us today. Our seasoned lawyer will guide you through and assist you in every step of the process, helping you pursue the financial benefits you may be entitled to.

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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