If you have been injured in an accident, one of your biggest concerns will likely be how you will make up for the wages you lose as a result. This can be especially difficult if you are the main breadwinner in your household. Thankfully, if you live in Greenville, NC, options are available to help cover your lost wages.
If you have been injured in an accident, you may be entitled to recover lost wages. Lost wages can be recovered as part of a personal injury claim or a workers’ compensation claim. To recover lost wages, you will need to prove that another person’s negligence caused the accident and that you suffered injuries as a result.
You will also need to provide evidence of your lost wages, such as pay stubs, tax returns, and time sheets. An experienced personal injury attorney can help you gather the evidence you need to support your claim.
Contact The Law Offices of Jason E. Taylor in Greenville today for a free consultation to discuss your case. Our personal injury attorneys can help you understand your rights and options. We will fight to get you the compensation you deserve.
Workers’ Compensation in Greenville, NC
If you have suffered a work-related injury, you may be entitled to workers’ compensation benefits. These benefits can help cover your lost wages and your medical bills.
If you have been injured on the job, you may be entitled to workers’ compensation benefits. Workers’ compensation is a state-regulated insurance program that provides benefits to employees who are injured or become ill due to their job. North Carolina employers must carry workers’ compensation insurance if they have three or more employees.
To be eligible for workers’ compensation benefits, you must:
- Have been injured or become ill as a result of your job
- Be employed by a North Carolina employer who is required to carry workers’ compensation insurance
- Give written notice of your injury or illness to your employer within 30 days
- File a workers’ compensation claim with the North Carolina Industrial Commission within two years
How to File a Workers’ Compensation Claim in Greenville, North Carolina
If you’ve suffered a work-related injury in or around Greenville, NC, the Industrial Commission recommends taking these steps:
- Notify your employer as soon as you can. It is better to do this in writing and orally if possible. If you cannot notify your employer, have a family member, friend, or medical provider inform your employer about your injury.
- To determine the extent of your injuries, visit a health care provider. Usually, your employer will designate a particular provider or treatment facility. If that is the case, you must go there. However, if you have to drive more than 20 miles, you’ll be eligible for a per diem per mile that you travel over this distance.
- Tell your provider the details of the accident and how the injury or illness occurred. Ensure the insurance company and provider know your accident is work-related so that they can update billing information correctly and ensure documentation is correct.
- You have 30 days to report your injury in writing to your employer.
- Follow treatment plans from your medical providers. Not following their recommendations may jeopardize your benefits.
As you complete your paperwork, keep copies of everything you receive. This may include bills, forms, and letters. This information ensures that you have what you need to prove you followed the process correctly. If your claim is denied, contact a Greenville workers’ compensation lawyer at The Law Offices of Jason E. Taylor.
How Are Lost Wages Calculated Under Workers’ Compensation in Greenville, NC?
Generally, you are entitled to two-thirds of your wages while you are off work recovering from a work-related injury or illness. The amount of benefits you receive is based on your average weekly wage and the severity of your injury. Depending on your injuries, you may be eligible for:
Temporary Disability Benefits
If you have to take more than a week off work due to your injuries, you can receive temporary total disability benefits. You can obtain these benefits from the first seven days if you miss more than 21 days of work.
If your injuries require you to take more than seven days off from work, you can receive temporary total disability benefits. You can receive benefits from the first seven days if you miss more than 21 days of work.
Temporary disability benefits are two-thirds of your average weekly wage, up to a maximum that changes each year. For example, 2022’s cap is $1,184.00.
Temporary Partial Disability (TPD) Benefits
If you can return to work but not at the same capacity or salary level as before the injury, you may be eligible for TPD benefits. These benefits are two-thirds of the difference between your pre-injury wages and post-injury wages, and you can receive them for up to 500 weeks.
Permanent Total Disability (PTD) Benefits
PTD benefits are available after reaching maximum medical improvement (MMI.) MMI is the point at which your injuries have healed as much as possible and will not improve with any treatment. An injury serious enough that you’re permanently unable to work may include:
- Loss of limbs
- Severe burns
- Severe brain injury
If you cannot return to work at all due to your injuries, you may be eligible for PTD benefits. These benefits are two-thirds of your average weekly wage, and they do not have a maximum amount as temporary benefits do. You can receive PTD benefits for the rest of your life.
Permanent Partial Disability (PPD) Benefits
If you have a permanent impairment but can still work, you may be eligible for PPD benefits. The amount of these benefits is based on the severity of your impairment and how it affects your ability to work. You can receive PPD benefits in two ways:
- If you lost the use of your eyes, ears, arms, legs, hands, feet, or back, you could recover benefits for two-thirds of your average weekly wages for a determined number of weeks by the state.
- Injured workers with permanent impairments that lead to decreased wages may choose to receive their benefits at the TPD rate, two-thirds of the difference between pre-injury wages and current wages.
What If I’m Fired After My Workplace Injury in Greenville?
If you’re fired after a workplace injury, it’s important to speak with an attorney. You might have a claim for wrongful termination if your employer violated state or federal law.
What Do I Do If My Benefits Are Denied?
You have the right to file an appeal if your workers’ compensation claim is denied. The North Carolina Industrial Commission will review your case and may hold a hearing.
You will need to present evidence to support your claims, such as witness testimony, medical records, and pay stubs. A workers’ compensation attorney can help you gather the evidence you need and represent you at the hearing.
Receiving Lost Wages After a Car Accident in Greenville
If you’ve been in a car accident, you may be able to recover lost wages as part of your personal injury claim. To recover lost wages, you will need to prove that another driver’s negligence caused the accident and that you suffered injuries as a result.
An experienced personal injury attorney can help you gather the evidence you need to support your claim. You will need to provide evidence of your lost wages, such as pay stubs, tax returns, and time sheets. You will also need to prove the extent of your injuries and how they have affected your ability to work.
Contact a Lawyer at The Law Offices of Jason E. Taylor Today
Greenville is the county seat of Pitt County, North Carolina. With 87,521 residents, it is the principal city of the Greenville metro area and the 12th most populist city in North Carolina.
Founded in 1771, East Carolina University and Vidant Medical Center are two of the city’s largest employers. Downtown Greenville is home to numerous restaurants, bars, and shops, and the city’s parks and recreation department oversees more than 36 parks and recreational facilities.
Suffering an accident in Greenville is never ideal, but if you have lost wages as a result, you may be able to recover them and additional financial compensation for your medical expenses and other costs related to the accident.
Whether you were injured in a car accident or at work, there are options available to you. At The Law Offices of Jason E. Taylor, we cover car accidents, workplace accidents, and other personal injury cases. We can help you understand your rights and options under the law. Contact us today for a free consultation. We serve clients in Greenville, NC, and throughout Pitt County.