Does workmans comp pay full wages? In North Carolina, as in most states, workers' compensation doesn't typically cover an employee's full wages if they're out of work due to a job-related injury or illness. Instead, it provides wage replacement benefits that are typically a percentage of the injured worker's average weekly wages.
Workers' compensation is an insurance program mandated by the state that provides compensation to employees who suffer job-related injuries and illnesses. At The Law Offices of John M. McCabe, we often encounter clients asking the question, "Does Workmans Comp Pay Full Wages?" In this blog post, we aim to provide a clear answer on the question, and shed light on the intricacies of workers' compensation wage replacement in North Carolina.
Under North Carolina workers' compensation law, the injured employee is generally entitled to receive approximately two-thirds (66 2/3%) of their average weekly wage, but not more than the maximum compensation rate established for the year in which the injury occurred. This is designed to help you manage your financial needs during your recovery period.
The average weekly wage calculation is an essential part of determining your workers' compensation benefits. The calculation is typically based on your earnings in the 52 weeks before your injury. This includes not just your base salary or hourly wage, but also things like overtime pay, tips, and some types of bonuses.
If you haven't been employed for a full year before your injury, the calculation may consider the wages of a similarly situated employee or use other fair methods.
The duration for which you receive wage replacement benefits depends on the severity of your injury and the length of time your doctor determines you're unable to work. For example, if your injury results in permanent total disability, you might receive benefits for the rest of your life. However, if your injury leads to partial disability, you may receive wage replacement benefits for a specified number of weeks, according to the schedule set by North Carolina law.
In addition to wage replacement, workers' compensation insurance provides other benefits, such as coverage of all necessary medical treatment related to your work injury and compensation for permanent disability or disfigurement. In case of a worker's death due to a work-related injury or illness, death benefits and burial expenses are provided to the worker's dependents.
While workers' compensation does not cover full wages in North Carolina, it does provide substantial financial assistance in the form of wage replacement benefits, medical coverage, and more. Navigating the complexities of workers' compensation law can be challenging, and it's crucial to have knowledgeable and experienced legal counsel to help you ensure you receive the benefits you are entitled to.
At The Law Offices of John M. McCabe, we are committed to advocating for injured workers. If you or a loved one have been injured at work and need assistance with a workers' compensation claim, please don't hesitate to contact us. We are here to help you navigate this complex process and protect your rights.