Call Us 919-240-4054When Adam True’s claim for continuing workers’ compensation payments was denied by his employer, Drew Culler filed for a hearing with the North Carolina Industrial Commission and fought for Mr. True’s benefits. Despite being seriously injured at work and undergoing multiple surgeries, Mr. True’s benefits were about to end because of a law preventing many injured workers from receiving more than 500 weeks of payments.
Drew Culler was able to prove in court that Mr. True should receive checks beyond 500 weeks. A judge ruled in Mr. True’s favor, finding that Mr. True should receive “extended benefits.”
What Are Extended Benefits?
If you have been hurt at work, you may be eligible to receive weekly checks for your lost wages. This benefit is called “temporary total disability.” North Carolina workers’ compensation pays a maximum of 500 weeks of checks for lost wages if you cannot work because of your injury unless you have certain terrible injuries.
But, what happens if you are still out of work after 500 weeks? In North Carolina, the workers’ compensation insurance company is allowed to stop paying you unless you go to court and prove you are entitled to “extended benefits.”
What should you do if you are unable to work? You have options: if you can prove that you have experienced a “total loss of wage-earning capacity,” you can receive additional weekly payments beyond the 500-week cap.
A “total loss of wage-earning capacity” means that you cannot earn wages in any type of job because of your injuries, other physical conditions, job skills, education level, and work experience. In North Carolina, it is the injured employee’s job to prove that they cannot work because of their workplace injury and these other factors.
Why Legal Representation Matters
Navigating the workers’ compensation system, especially when seeking extended benefits, can be tricky. Like in Mr. True’s case, a Board Certified Workers’ Compensation lawyer can:
- Represent you in hearings or negotiations with the insurance company.
- Ensure all deadlines are met.
- Take testimony from your doctors and other expert witnesses.
- Advocate for your right to receive the maximum benefits you deserve.
If you’re struggling to receive the workers’ compensation benefits you need, or if you believe you qualify for extended benefits, don’t hesitate to reach out. It is important to talk with a North Carolina Board Certified Workers’ Compensation lawyer. All of our lawyers, Drew Culler, Valerie Johnson, and Jennifer Segnere, are board-certified and here to help.
For a free consultation, contact our office today. We’re ready to listen to you.