The Short Answer
Workers' compensation benefits in North Carolina are primarily determined by your ability to return to work and the extent of your injury. If you can't work your full schedule — or at all — your employer's workers' comp insurance company must compensate you for lost wages. You'll typically receive two-thirds (66⅔%) of your average weekly wages while you're unable to work. These payments continue until a physician clears you to return to work or until you reach a settlement with the insurance company.
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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.
Key Takeaways
- A physician's assessment of your injury determines whether you can return to work, work reduced hours, or must wait until you reach maximum medical improvement (MMI).
- Injured workers in North Carolina typically receive two-thirds of their average weekly wages as compensation for lost income while they are unable to work.
- The two-thirds wage replacement rate exists because the North Carolina Industrial Commission considers it fair compensation when you factor in reduced expenses like transportation and vehicle wear.
- Benefits are paid by your employer's workers' compensation insurance company, usually as a weekly check, not directly by your employer.
- If you can return to work on a reduced schedule, the insurance company must still compensate you for the difference between what you earn and what you would have earned at full capacity.
- Contact a North Carolina workers' compensation attorney immediately after a workplace injury to protect your rights and ensure you receive the full benefits you are owed.
Attorney Insight
The mistake I see most often is injured workers accepting whatever the insurance company offers without understanding how their average weekly wage is actually calculated — and that calculation directly controls every dollar they receive. If you had overtime, bonuses, or a second job at the time of your injury, those earnings may need to be factored in, and insurers don't always volunteer that. Workers who wait too long to get legal advice often lock themselves into a settlement that doesn't account for long-term medical needs or a permanent partial disability rating. Getting an attorney involved early — before you sign anything — can make a significant difference in the total benefits you walk away with.
