How Are Workers' Compensation Benefits Determined?
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Workers’s compensation benefits are determined by a variety of factors. One of the first questions is whether the injured worker is able to return to their job? When a worker is injured on the job they are sent to a physician to determine the extent of their injury. The physician may allow the worker to return to work and they will receive their regular salary as they perform their regular work duties.
On the other hand, the physician may determine the employee cannot work their regular job and may allow the worker to work, for example, only 20 hours per week. If they are seriously injured, the physician may not allow them to return to the job until they reach what is known as “maximum medical improvement” or “M.M.I.”. If the worker is unable to work their full schedule or a partial schedule, the employer’s workers’ compensation insurance company must compensate the injured worker’s benefits, such as salary, the worker would had received if they had not been injured.
Normally, the injured worker receives two-thirds of their average weekly wages lost due to the injury. The worker usually receives a weekly paycheck from their employer’s workers’ compensation insurance company to compensate the worker due to the lost time because of the injury.
You may ask why only two thirds of the average weekly wages? The general consensus is if the worker is receiving “full” benefits or 100% of their usual income, the worker would have no “incentive” to return to work. Also the worker does not have to pay transportation cost or wear and tear on a vehicle if they are at home injured. Therefore, the North Carolina Industrial Commission has ruled that two-thirds of the worker’s salary is fair compensation.
The worker should receive these benefits until they are allowed, by the physician, to return to work or until a settlement is reached with the insurance company of the employer.
If you have been injured while at work it is important to contact a North Carolina workers’ compensation lawyer immediately.
