Workers’ Comp Vs Disability In North Carolina – All You Need to Know

In North Carolina, it’s important to understand the differences between workers’ compensation benefits and disability insurance. Explore the differences between workers’ comp vs. disability in North Carolina.

North Carolina – Workers’ Compensation

North Carolinians can get workers’ compensation for injuries that happen while they are on the job. Workers’ compensation is a no-fault method of recovering insurance benefits for employees who were performing work-related duties and were hurt or suffered from an illness. If you or a loved one were hurt at work, you might be eligible to file a claim for workers’ compensation with the North Carolina Industrial Commission.

Employees who are hurt on the job are eligible for workers’ compensation. If their employer is responsible for the injury/illness, then medical expenses, current and future, lost wages, and temporary benefits for disability are typically provided. Benefits typically continue until the employee can go back to work or until they’re considered permanently disabled.

Injuries Must Be Job-Related

The cause of the injury/illness must be directly job-related. It can be challenging to gather sufficient proof to get a workers’ compensation claim approved in North Carolina, especially if you’re also trying to recover from an injury or illness caused by your work environment.

Workers’ compensation is a North Carolina state-run program. To get benefits, you need to demonstrate your injury/illness is work-related, but you don’t need to prove you’ve been considered fully disabled to qualify.

North Carolina – Disability Insurance

On the other hand, disability insurance benefits are intended for long-term impairments or conditions that preclude someone from working. Disability insurance is intended to replace part of your income if you are suddenly disabled and can’t work because of an illness or injury that’s not work-related. Benefits can continue for either a defined period or until someone’s retirement age.

Disability programs are run by the government at the federal level. To qualify for disability, you must prove you can’t work because of a physical or mental condition or impairment that’s anticipated to last at least one year or to result in death.

Are the Appeals Processes Different for Workers’ Compensation Benefits and Disability Insurance?

If you received a denial, the main difference in the appeals process is the scope of the coverage. Employees are typically only eligible for workers’ comp benefits for injuries or illnesses that are work-related. However, disability insurance usually covers disabilities that are not work-related.

Thus, the appeal process for each focuses on whether the claimant has provided sufficient evidence of their work-related injury or disability claim. An experienced attorney can help navigate the claim process and the appeals process efficiently.

Can I Receive Workers’ Compensation Benefits and Disability Insurance?

In certain circumstances, you might be eligible for both workers’ compensation benefits and disability insurance. This can happen if the result of someone’s work-related injury goes beyond the benefits provided by their workers’ compensation claim. Some accidents that might qualify are:

• Slip-and-fall accidents
• Workplace violence incidents
• overexertion/repetitive strain injuries
• Accidents that involve equipment or machinery
• Exposure to harmful environments or dangerous substances
• Occupational diseases
• Work-related travel injuries
• Falls from heights, like from ladders, scaffolding, or roofs

An experienced North Carolina attorney can help explore your options and discuss your unique situation. At Ayers, Whitlow, & Dressler, we can answer your questions about workers’ comp claims and disability insurance benefits. Consult an experienced attorney to discuss your circumstances as soon as you can.

FAQs

Q: How Do I File a Workers’ Comp Claim in North Carolina?

A: In North Carolina, to file a claim for workers’ comp, you can report the incident to your employer, seek medical care, follow all guidelines provided to you by your employer, and complete an NCIC Notice of Accident Form 18 within 30 days from the date of your accident. Then, consider contacting a trusted attorney to discuss your claim and to help gather compelling evidence to bolster your claim.

Q: How Do I File for Disability Insurance in North Carolina?

A: In North Carolina, you can apply online for disability insurance. The application asks for substantial documentation. You typically qualify if you’re at least 18 but younger than the age of retirement, you’re unable to work because of the claimed disability, and you haven’t been denied disability benefits in the last 60 days. It can take time to qualify, and you may need to check your status routinely. The application can seem complicated, but our firm can help.

Q: Can I Work If I’ve Filed for Disability Insurance in North Carolina?

A: If you want to return to work while you’re collecting Social Security Disability Benefits, a special program might help you build work skills, get a job, and try one out. The Ticket to Work Program allows you to still get your full SSDI benefits, so long as you continue to be disabled and report your work activities. There isn’t an income limit that could impact your eligibility.

Q: What Is the Difference Between Workers’ Comp and SDI in North Carolina?

A: The main differences between workers’ comp and SDI (State Disability Insurance) in North Carolina are who is eligible and the types of benefits they might get. Workers’ Compensation typically covers employee medical expenses and wage loss for work-related issues.

On the other hand, SDI provides a replacement for lost income for conditions that prevent you from work duties. You can get SDI for issues that occur outside of work.

Q: How Are Workers’ Comp Benefits and Disability Insurance Funded?

A: Workers’ comp benefits are funded by insurance policies paid for by employers to cover their employees when they are hurt at work. Disability insurance is funded by taxes, through Social Security and is paid for by employers and employees. Employees typically contribute to a Social Security trust fund through payroll taxes. While workers’ comp benefits remain tax-free, disability insurance benefits are subject to an income tax.

Contact Experienced North Carolina Attorneys – Call Ayers, Whitlow & Dressler for a Free Consultation

The team at Ayers, Whitlow & Dressler routinely represents clients who need help with workers’ compensation issues and disability insurance. We have a friendly, professional staff, and we are ready to answer any legal questions or concerns you might have. Contact Ayers, Whitlow & Dressler today to schedule a free initial consultation with an exceptional attorney from our office.