Workers’ Comp and Lost Wages in Durham, NC

Workers’ compensation benefits can provide some financial relief after you’ve been hurt at work and can’t earn your regular paycheck. In addition to paying for related medical treatment, the system also provides workers’ comp wage-replacement benefits to offset a portion of your lost income while you recover.

But workers’ comp doesn’t fully replace your income under North Carolina state law. You can get up to two-thirds of your average weekly wage, and there are caps on how much you can receive each week based on the maximum workers’ compensation rate that increases slightly each year. Furthermore, if your injury leaves you with lasting limitations, the permanent work restrictions that you receive when you are discharged from treatment at the point of maximum medical improvement can impact whether you get ongoing wage replacement benefits and for how long.

At Kornbluth Ginsberg Law Group, P.A., our workplace accident attorneys help workers in Durham and throughout North Carolina understand how wage-loss benefits work and how to ensure they receive their rightful benefits. While the latest figures show that North Carolina has consistently fewer work-related injuries than the national average, many injured workers still struggle to get the financial help they need after a work accident.

If you have questions about workers’ compensation claims and lost wages in Durham, NC, and throughout North Carolina, we’re here to guide you through the process so you don’t leave money on the table. Call now or complete our contact form or call 24/7 at 919-980-9895. for a free consultation with our Durham workers’ compensation lawyers. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300, Durham, NC. We can help you!

How Much Compensation Can I Get for Wage Losses After a Work Injury in Durham, NC?

In North Carolina, wage-loss benefits through workers’ compensation, when you cannot work according to a physician as a result of your work injury, cover two-thirds of your average weekly wage, up to a maximum set by the state each year. The maximum weekly benefit in 2025 was $1,380.

If your injury keeps you from working altogether, you may qualify for temporary total disability benefits (TTD). These payments continue while you recover and are unable to work in any capacity. This may be because a doctor has totally removed you from work. It can also be because a doctor has restricted you from certain work activities which your employer cannot accommodate with light duty during your recovery period. If you can return to work but earn less because of your injury, you may receive temporary partial disability benefits (TPD) to make up part of the difference between your pre-injury wage and what you’re earning now.

Let’s look at a practical example. If you earned $900 per week before your injury, you could receive $600 per week in TTD benefits. If you return to light-duty work earning $500 per week, TPD benefits could cover two-thirds of the $400 difference, or about $266.

How Does Workers’ Comp Pay for Lost Wages in Durham?

Durham employers, and employers through North Carolina, and their workers’ compensation insurance providers use your average weekly wage (AWW) to determine your compensation for lost wages. To calculate your AWW, the employer’s workers’ compensation insurance company looks at your earnings over the 52 weeks before your injury, including your standard wages, overtime pay, bonuses, commissions, and certain other wage-related benefits.

If you haven’t worked at your employer for a year or longer, the insurer may use a shorter period or compare your pay to a similar employee’s 52-week earnings. Once your AWW is calculated, workers’ comp TTD benefits pay up to two-thirds of that amount each week to help replace your income while you’re out of work.

How long you can receive these benefits depends on the type of disability you have. If your injury leaves you unable to work temporarily, you may get temporary total disability benefits until you recover and return to work or certain other circumstances, such as being released at full duty by your physician.

If your doctor says you’ve reached maximum medical improvement (MMI), meaning your condition has stabilized and further treatments won’t lead to meaningful improvement, your doctor may give you an impairment rating to determine your permanent partial disability (PPD) benefits. If your injuries prevent you from returning to work in any capacity on a long-term or lifetime basis, you may qualify potentially for permanent total disability (PTD) benefits, which could last for life.

The Role of Impairment Ratings in Durham Workers’ Comp Lost Income Benefits

An impairment rating is a medical assessment that measures how much permanent loss of function you’ve suffered due to a job-related injury. This is calculated under a formula known as the North Carolina Industrial Commission Rating Guide. Once your doctor determines that you’ve reached maximum medical improvement (MMI), they’ll evaluate the lasting effects of your injuries. The doctor assigns a percentage to show the level of impairment to a specific body part under the Rating Guide..

For example, if you lose 20 percent of the use of your arm according to your doctor’s calculation under the Rating Guide, the rating would reflect that level of impairment. These ratings are key in calculating permanent partial disability (PPD) benefits. North Carolina law assigns a set number of weeks of compensation to each body part. Your impairment rating determines how much of that compensation you’ll receive. In some cases, a high impairment rating — especially for severe injuries to both hands, legs, eyes, or the spine — may also potentially support a claim for permanent total disability (PTD) benefits in cases of the most severe work injuries.

What To Do If You Disagree with Your Lost Wage Benefits or Impairment Rating

You have the right to challenge an impairment rating from your workers’ comp doctor in North Carolina. One way to do this is to request an independent medical examination (IME or second opinion evaluation under certain circumstances. The exam is performed by a different, qualified doctor who can offer a second opinion about your condition and level of permanent impairment. If your new rating is higher or more accurate than the old one, you can use it to argue for increased benefits.

Disputes over impairment ratings may go before the North Carolina Industrial Commission, where both sides can present evidence and medical opinions. The process can be complex, but our workers’ compensation lawyers can guide you through every step. Our experienced workers’ compensation attorneys have successfully helped many injured workers in Durham and across North Carolina challenge unfair ratings, unfair calculation of their overall benefits, and secure their rightful benefits. We’re ready to fight for you, too.

Get Help from Our Durham Workers’ Compensation Attorneys Now

Wage-loss benefits are a crucial financial lifeline after a work-related injury in North Carolina. Kornbluth Ginsberg knows what’s at stake for you and can fight for your rights as an injured employee. We’ve recovered millions of dollars for people like you and treat every client how we would want to be treated. Here’s what one client said about their experience at our law firm:

“Amazing law firm. My first initial visit the lawyer came to meet me in the hospital. Throughout the whole process, they kept me updated and returned calls right away. They had my best interest through the whole process. Very professional and amazing firm. If you looking for a lawyer they are the best.” — S.B.

Don’t lose the benefits you need because you didn’t get proper legal help. Call Kornbluth Ginsberg today or reach out online or call 24/7 at 919-980-9895 for a free consultation about your workers’ compensation claim.