If you are currently injured due to an employment-related incident and are receiving workers’ compensation, it is normal to ask, “Can you work while on workers’ comp in North Carolina?” The answer is that in some cases, this is possible, and in others it is not. M. Reid Acree, Jr, Attorney at Law, a local Salisbury workers’ compensation law firm, provides further insight into the regulations surrounding employment while receiving workers’ compensation benefits.
Given the complexities of workers’ compensation laws, it is often beneficial to consult with a workers’ compensation attorney who can provide guidance specific to your situation and help ensure you comply with all regulations while protecting your benefits.
There are different types of workers’ compensation benefits that employees may receive depending on the level and extent of injury the employee has suffered. Certain types of benefits allow for workers to work in a limited capacity if their injuries or disabilities allow for it. The types of workers compensation benefits are as follows:
- Temporary Total Disability: In the event that an employee receives TTD benefits, they are typically unable to work during their injury and cannot find another mode of employment while receiving benefits.
- Temporary Partial Disability: TPD benefits generally allow the employee to work, but only in a limited capacity, and the benefits will compensate for the difference between pre-injury wages and post-injury earning capacity.
- Permanent Partial Disability: PPD benefits allow for work depending on the extent of disability. Benefits are calculated based on the impairment rating assigned to the employee’s injury, and then work determinations can be made.
Living off of a workers’ compensation wage can be challenging as it pays around two-thirds of your prior salary or wages, but it is important to think twice if you are considering picking up a second job while on the benefit. Even in the event that the second job aligns with the needs and considerations of your injury, workers’ comp insurers can use the second income to reduce your benefits or argue that your second job shows you are not disabled.
Steps To Take to Initiate Work While on Workers’ Comp Benefits
The following is a list of essential steps to take to initiate work while still receiving benefits. If you plan to return to work in any capacity while receiving workers’ compensation, it is vital that you go about this in a legal manner.
- Consult Your Doctor: Ensure your physician provides clear documentation on what kind of work you are able to do, if any. Their report is essential for your employer to understand the type of work your injury and disability allows for. Your physician’s sign-off is needed to clear you for the type of labor your work requires.
- Communicate With Your Employer: Discuss potential light-duty or modified work options that fit within your medical restrictions. Clear communication of your condition and related symptoms is necessary for your safe integration back into work. Your employer is required to agree to accommodate any restrictions.
If your employer approves your return to work and offers you a light-duty job that accommodates your restrictions, you may be required to take it, or you can risk losing your benefits. Refusal to accept suitable work offered by your employer can have serious implications not only in your loss of benefits but also in employment in general.
- Notify The Insurance Company: Inform the workers’ compensation insurance company of any work you are doing and any income you are earning. Failure to accurately report your income can result in serious penalties and potentially loss of your benefits altogether.
FAQs
Q: How Much Does Workers’ Compensation Pay in North Carolina?
A: Workers’ compensation payment amount in North Carolina is two-thirds of the employee’s average weekly wages at the time of their injury, up to the legal maximum for the year they became disabled. This can continue until the worker is able to go back to work or until they reach the maximum amount of weeks allowed.
Q: Does My Employer Have to Hold My Job While on Workers’ Comp in North Carolina?
A: Your employer does not have to hold your job while on workers’ comp in North Carolina, according to the Industrial Commission. If your job responsibilities are essential to the company’s function, an employer can hire a temporary replacement while you are not able to work but then is legally obligated to offer you a similar or the same position for equivalent pay once you are able to return to work.
Employers are prohibited from firing their employees for filing for workers’ compensation but are within their rights to terminate employment if there are legal reasons, as long as they have evidence that supports their reasoning.
Q: How Long Does Workers’ Comp Last in North Carolina?
A: Workers’ compensation typically can last for 500 weeks or until the injured employee is cleared to work by their doctor and returns to their job. Certain workplace injuries, called scheduled injuries, can recover permanent partial disability benefits that can last for a lifetime, depending on the specific injury and disability.
Q: How Does Workers’ Compensation Work in North Carolina?
A: Workers’ compensation in North Carolina provides benefits such as medical care and wage replacement for employees who were injured while performing work duties at their place of employment. For an employee to receive this benefit, they must officially file for workers’ compensation and meet with a doctor for their claim to be validated. The wage replacement they can receive in the state will equal two-thirds of their average weekly wages.
Speak With a Local North Carolina Workers’ Compensation Lawyer Today
If you have experienced a work-related injury and are looking for more information on your rights and options, speak with M. Reid Acree, Jr., Attorney at Law, today. Whether you have yet to apply for workers’ compensation or are facing hurdles and complications with your claim, we can help. We understand how complicated navigating a work-related injury can be, and you should not proceed on your own.
Reach out today to set up a consultation. Upon a case evaluation and consultation, we can determine the next step that you can pursue that supports you in your overall recovery at this time.