The North Carolina Workers' Compensation Act contemplates four types of disability: Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, and Permanent and Total Disability.

Under the Workers' Comp Act, Disability is defined as incapacity, because of injury, to earn the wages, which the employee was receiving at the time of the injury, in the same or other employment. Disability under the act deals with the ability to earn wages, not any physical harm received. Even if you were injured, if you are earning the same wage in the same or some other employment, you do not have a disability under the Act.

In order to support a claim of disability the employee must show that because of his injury he was incapable of earning the same wages he had earned before his injury in the same employment, he is incapable of earning the same wages at any other employment, and this incapacity was caused by plaintiff's injury. When an employee has established disability under the North Carolina Workers Compensation Act, either because the employer has accepted the claim, or the North Carolina Industrial Commission has issued a ruling in the employee's favor, the employee is presumed disabled until he returns to suitable employment. Additionally, there is a presumption that the disability has ended when the employee returns to work.

Conveniently located in Chapel Hill, Everett Law Firm, P. A. serves Raleigh, Durham, Smithfield, Roxboro, Yanceyville, Graham, Burlington, Henderson, Oxford, Warrenton, Pittsboro, Siler City, and most areas in and around the Wake County area. To discuss your workmans' comp claim, call an attorney at Everett Law Firm, P. A. at (919) 942-8002 for a FREE consultation.