How long can I receive workers’ comp checks?

For most injuries, TTD benefits can last up to 500 weeks (roughly 9.5 years). Some may qualify for extended or lifetime benefits in serious cases.

Can I settle my claim while still receiving treatment?

Yes, but we advise caution. Settling usually closes out your right to medical coverage. We may recommend waiting—or negotiating a limited medical reserve.

What if I disagree with the disability rating?

You have options. We can help you seek a second opinion or challenge the rating if it seems low. We’ll also advise if it makes more sense to pursue wage-loss compensation instead.

What if I can’t return to my old job?

If you can’t return to any work, we may pursue permanent total disability or a larger settlement. If you can work a lower-paying job, we’ll push for partial wage-loss benefits.

Is my workers’ comp settlement taxable?

Generally, no—workers’ comp benefits and settlements are not taxable income. If you’re also receiving Social Security Disability, there may be some coordination issues. We can walk you through that or refer you to a tax professional if needed.

Workers’ Comp Benefits & Settlement Guide – What Am I Entitled To?

If you were injured on someone else’s property in Halifax or Northampton County—whether in a store, restaurant, or private home—you may have a premises liability claim. As a Halifax slip and fall attorney, Franklin L. Jones Jr. helps clients recover compensation for injuries caused by unsafe conditions. From wet grocery store floors to broken stairs and poorly lit parking lots, these cases require swift action and experienced legal guidance.

Types of Workers’ Compensation Benefits in North Carolina

North Carolina’s workers’ comp system provides different types of benefits based on the severity of your injury, your ability to return to work, and your recovery status. Here's how they break down:

01

Medical Benefits

You are entitled to full coverage of all necessary medical treatment related to your work injury. That includes doctor visits, surgeries, hospital stays, physical therapy, prescription medication, and even mileage to and from appointments. There are no co-pays or deductibles.

02

Temporary Total Disability (TTD)

If you’re unable to work at all due to your injury, you can receive weekly payments equal to two-thirds (²/₃) of your average weekly wage (AWW), up to a maximum cap set by the state each year (e.g., $1,366/week in 2025). These benefits continue until you return to work or reach maximum medical improvement (MMI).

03

Offices or Public Buildings

If you’re back to work but making less than before due to light-duty restrictions or reduced hours, you may be entitled to two-thirds of the difference between your pre-injury and current wages.

04

Permanent Partial Disability (PPD)

If you’ve reached MMI but have a lasting impairment, your doctor will assign a disability rating to the affected body part. NC law assigns a set number of weeks for each part (e.g., arm = 240 weeks). Your payout is calculated as: rating % × statutory weeks × your comp rate.

Example: A 10% rating to the arm = 24 weeks of benefits at your comp rate.

05

Permanent Total Disability

If your injury is so severe that you can’t return to any form of work (e.g., paralysis, brain damage, loss of both hands), you may be eligible for lifetime wage replacement benefits.

06

Death Benefits

If a worker dies due to a job-related injury or illness, their dependents may receive funeral expenses (up to the legal limit) and weekly wage-loss benefits.

How Workers’ Comp Payments Are Calculated

Most benefits are based on your Average Weekly Wage (AWW), typically calculated using the 52 weeks before your injury. This includes base pay, overtime, bonuses, and sometimes second jobs.

Example:
If your AWW is $900, your comp rate (²/₃ of AWW) would be $600/week.

We often find insurance companies underestimate AWW—leaving out overtime, bonuses, or seasonal earnings. We review your wage records to ensure every dollar is counted.

Settling Your Case: Lump Sum Agreements

A workers’ comp settlement (also called a “clincher agreement”) is a lump-sum payout in exchange for closing your claim. Settlements often include compensation for future wage loss and medical expenses.

Why settle?

It can provide financial certainty
You avoid the risks of a future hearing
You may want to move on with your life without the insurer’s involvement

But once you settle, you usually waive the right to reopen the claim—especially if you agree to close out future medicals. That’s why it’s critical to consult with an experienced workers compensation settlement attorney before signing anything. We calculate what your case is worth, negotiate with the insurer, and ensure the Industrial Commission approves the settlement as fair and reasonable.

Workers’ comp is not a passive system. To get every benefit you’re entitled to, you need someone watching out for your interests:

We challenge low disability ratings and seek second opinions when appropriate
We analyze whether it’s smarter to take a rating payout or opt for extended wage loss
We double-check AWW calculations and demand corrections if they’re wrong
We coordinate vocational and medical experts when insurers try to push you back to work too soon
We assess whether a settlement or ongoing weekly benefits will better serve you and your family in the long run

Our strategy is always tailored to your injury, your work capacity, and your financial needs—not the insurer’s bottom line.

FAQs – Workers’ Comp Benefits & Settlements in NC

How long can I receive workers’ comp checks?
For most injuries, TTD benefits can last up to 500 weeks (roughly 9.5 years). Some may qualify for extended or lifetime benefits in serious cases.
Can I settle my claim while still receiving treatment?
Yes, but we advise caution. Settling usually closes out your right to medical coverage. We may recommend waiting—or negotiating a limited medical reserve.
What if I disagree with the disability rating?
You have options. We can help you seek a second opinion or challenge the rating if it seems low. We’ll also advise if it makes more sense to pursue wage-loss compensation instead.
What if I can’t return to my old job?
If you can’t return to any work, we may pursue permanent total disability or a larger settlement. If you can work a lower-paying job, we’ll push for partial wage-loss benefits.
Is my workers’ comp settlement taxable?
Generally, no—workers’ comp benefits and settlements are not taxable income. If you’re also receiving Social Security Disability, there may be some coordination issues. We can walk you through that or refer you to a tax professional if needed.