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Workers’ Compensation Benefits When You Cannot Return to Work

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David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security Disability benefits. Contact David Gantt at 828-252-2852 to schedule a consultation about your matter.

Transcript of Video

The damages you receive in workers’ comp are primarily based on your ability, or lack of ability, to return to the same wage made before you got hurt. It is a wage replacement program. You are paid 2/3 of what you make every week that the doctor says you can’t work at all. When the doctor says I’ve done all the doctoring I can do for you and releases you, then you have an “election of remedies”. If you’re able to return to the same job or any other job and make the same or more money, then all you are entitled to is your rating. If you’re not able to return to work at all, then your workers’ comp will continue for as long as you disabled up to a maximum of 500 weeks and possibly longer depending on how the North Carolina courts interpret a new law that was passed a couple of years ago. The tricky part is when you are earning this amount of money, and you can make a little bit of money but not what you may before. There is a law that says you can get 2/3 the difference between what you were making and what you can make with your restriction up to a maximum of 500 weeks. It is important that you consult an attorney that is familiar with workers’ comp before you settle your case because you might be giving up important legal rights.

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