You’ve been injured on the job and you may be wondering what kind of workers comp you can get. The answer depends on whether your injury causes a permanent or temporary disability. If it’s the former, you may qualify for temporary disability benefits to replace some of your lost wages until you can work again.
But what if your injury causes lasting damage? Then, you may be eligible for permanent disability benefits. Sorting through workers comp can be confusing, but this guide tries to explain how each works, when you may qualify, how benefits are calculated, and why you should reach out to a North Carolina workers comp attorney for assistance.
Understanding Permanent vs. Temporary Disability
Temporary disability benefits provide wage replacement for a limited period while you recover from an injury or illness. Temporary Total Disability (TTD) covers you if you cannot do any work. It lasts until you’re medically stationary – meaning your condition has stabilized.
Temporary Partial Disability (TPD) applies if you can do some work while recovering. It covers the difference between what you now earn and your pre-injury wages.
Permanent disability benefits, on the other hand, compensate you for long-term loss of earning capacity from an on-the-job injury or illness. Permanent Partial Disability (PPD) means you have a permanent disability but can still do some work. Benefits are calculated based on the severity of your disability and occupation.
How Long Do Temporary Disability Benefits Last?
Temporary disability benefits provide income replacement for a limited time while you recover from an injury or illness that prevents you from working. The duration of these benefits depends on the severity of your condition and when your doctor clears you to return to work.
For most temporary disabilities, benefits last between 6 to 52 weeks. The average is around 26 weeks. The more serious your injury, the longer you’ll receive benefits. For example, a sprained ankle may qualify you for 6 to 12 weeks of benefits. In contrast, recovering from back surgery could warrant 6 months or more of temporary disability pay.
How Are Permanent Total Disability Benefits Calculated?
Permanent Total Disability is typically calculated as a percentage of your average weekly wage, subject to state maximums. The percentage awarded depends on factors like:
- Your age, education, and experience
- The type and severity of your injury
- Medical opinions on your ability to work
- The availability of suitable jobs you could perform
Typically, PTD benefits equal 2/3 of your average weekly wage before taxes, up to the state maximum. They are paid out until you reach retirement age or for your lifetime if you cannot work again due to your permanent disability.
Can You Qualify for Both Types of Benefits at the Same Time?
No, you cannot qualify for temporary disability and permanent total disability benefits at the same time. Temporary disability benefits are meant to provide income replacement while you recover from an injury and eventually return to work. Permanent total disability benefits, on the other hand, are for workers who are permanently unable to work due to their work injury.
If your condition initially prevents you from working but later deteriorates to the point that you cannot work again permanently, you may transition from temporary disability benefits to permanent total disability benefits. However, the two types of benefits are meant for different recovery and work capability stages.
For More Questions on Workers Comp Benefits, Reach Out to Our Firm Today
If you suffer an injury at work that temporarily prevents you from doing your job, you may be eligible for temporary disability benefits. These benefits partially replace your lost wages while you recover and cannot work. The duration and amount of benefits depend on the severity of your injury.
The workers compensation system can be complicated, and insurance companies don’t always have your best interests in mind. Our experienced NC workers compensation lawyers will help you understand your rights and benefits.
We’ll work to get you the maximum compensation you deserve under the law. Call us today at 919-328-2336 for a free case review and to get started on your claim.
