How Are Workers' Compensation Benefits Determined?

In North Carolina, workers' compensation is typically two-thirds of the average pre-injury wage, plus payment of medical expenses and any additional compensation for permanent bodily damage. It sounds like it should be a simple calculation, but it's rarely that straightforward.

Some employers try to get by with paying two-thirds of a standard 40-hour workweek, when overtime, bonuses, "per diem" (which is often not true per diem) and other payments should be included. These issues crop up very frequently with truck drivers, who often have complicated wage calculations on "settlement sheets" that confuse which items should be considered part of the pre-injury wage. Other compensation, such as housing allowances, should also be added into workers' compensation benefits.

At the law office of Jay Gervasi, P.A., we understand the complexities of accurately and completely calculating our clients' wages. With more than 25 years of legal experience, attorney Jay Gervasi carefully reviews months or years of financial information for each client, "sweating that detail" to help ensure that compensation is fairly determined.

Other Factors That Affect Workers' Comp Benefits

Workers' compensation benefits are based on several factors. One of the biggest factors is the individual's average wages before the accident. However, the following elements can all increase the compensation an individual receives:

  • Medical bills, including for long-term or other future medical treatment
  • Permanent partial disability or partial disability based on wage loss
  • Death benefits

If you have questions about how workers' compensation benefits are determined, working with an experienced Greensboro lawyer can help ensure you receive a full and fair financial settlement. Learn more about the service we offer by scheduling a free initial consultation. We can be reached through an online contact form or by calling 336-790-0157.