If you have a compensable workers' compensation claim, you will likely be entitled to receive disability compensation if your injury prevents you from earning your pre-injury wages. The North Carolina Workers' Compensation Act defines "disability" as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." The Industrial Commission will look at your wage-earning capacity to determine if you are disabled.

Your average weekly wage will impact the amount of weekly disability compensation you are entitled to receive for your loss of wages. Attorneys use an Industrial Commission Form 22 and supporting wage records to calculate an injured worker's average weekly wage. Please bring your wage records to your free and confidential initial consultation. If you don't have your wage records, we can request them from your employer.

If you are completely out of work due to your compensable work injury, then you are entitled to receive temporary total disability benefits. The insurance company must pay you temporary total disability benefits in the amount of 2/3 of your pre-injury average weekly wage. Temporary total disability benefits are not taxed. The North Carolina Industrial Commission each year establishes a maximum weekly amount for disability benefits. As such, high-earning workers may not be able to receive a full 2/3 of their pre-injury average weekly wage in temporary total disability benefits.

An injured worker can receive up to 500 weeks of temporary total disability benefits. After 425 week have passed since the date of first disability, an injured worker can make an application to the Industrial Commission to extend temporary total disability benefits beyond the 500-week limit. In cases involving catastrophic injuries, an injured worker may qualify for permanent total disability benefits. An injured worker deemed to be permanently and totally disabled is entitled to receive temporary total disability benefits for the remainder of their lifetime, unless their employer is able to prove the injured worker can return to suitable employment. A permanently and totally disabled worker is also entitled to receive medical treatment for their compensable injuries for the remainder of their lifetime.

The rules for qualifying for extended compensation or permanent total disability benefits are complex. The entitlement to permanent partial disability benefits can vary depending on the type of the injury. An experienced workers' compensation attorney can help you analyze whether you qualify for these benefits. If you qualify, our workers' compensation attorney at the Olsinski Law Firm can help you prove your case.

If you have returned to work after a compensable injury but are earning less than your pre-injury average weekly wage, you may be entitled to receive temporary partial disability benefits. Your entitlement to temporary partial disability benefits is calculated by subtracting your post-injury average weekly wage from your pre-injury average weekly wage. You are entitled to receive 2/3 of the difference in temporary partial disability benefits. Temporary partial disability benefits are often calculated on a weekly basis because your wages may fluctuate from week to week. You cannot receive weekly temporary partial disability benefits for an amount greater than the annual maximum weekly amount for disability benefits set by the Industrial Commission. You can receive temporary partial disability benefits for up to 500 weeks, subject to certain conditions.

The injured worker bears an ongoing burden of establishing entitlement to receive disability benefits. This can be a weekly burden. Just because you were entitled to receive disability benefits in a previous week does not guarantee your entitlement to receive the same benefits in the future. Insurance companies will often force injured workers to prove their entitlement to receive disability benefits. An experienced workers' compensation lawyer can help you prove your right to receive disability benefits that compensate for the loss of wages.

The Olsinski Law Firm can help ensure you receive the correct amount of disability benefits. Contact us to discuss your claim.

Request An Initial Consultation

"*" indicates required fields

Full Name*
Required Fields *
This field is for validation purposes and should be left unchanged.

Why Choose Olsinski Injury, Family & Criminal Lawyers?

Local and Experienced Lawyers
With years of experience serving the Charlotte-Concord area, our attorneys are deeply familiar with the local legal landscape. We understand the specific challenges North Carolina residents face, and we use our local knowledge to advocate for you effectively.
Comprehensive Legal Expertise
Whether you’ve been involved in a car accident, need help with a family law matter, or are facing criminal charges, our attorneys are well-versed in a broad range of legal fields. We offer experienced representation in personal injury, family law, criminal cases, and DWI matters.
Caring Legal Support Through Difficult Times
We know how stressful and overwhelming it can be to face legal issues, whether it’s a personal injury, family dispute, or criminal charge. Our compassionate team is here to guide you through the process with care and empathy, ensuring you feel supported every step of the way.
Accessible and Responsive
At Olsinski Law, we believe in keeping open lines of communication. Our clients can count on us for timely updates, quick responses to questions, and the assurance that their case is being handled with the utmost care and attention.
Personalized Attention for Your Case
Every client’s situation is unique, and we take the time to understand your specific needs. Our legal strategies are customized to ensure that we pursue the best possible outcome for you.
A Proven Record of Success
We have a history of achieving favorable outcomes for our clients, whether through negotiation or litigation. Our proven track record in the Charlotte-Concord area speaks to our commitment to getting the results you deserve.
chevron-down