Workers’ compensation is designed to provide employees with medical benefits and wage replacement if they sustain injuries while performing their duties. The workers comp settlement for permanent disability in North Carolina depends on various factors, including the severity of the injuries, average weekly income prior to the injury, and other considerations.
Contact our North Carolina workers’ comp lawyers for help with your case.
Understanding Permanent Partial Disability
There are two types of permanent disability benefits in North Carolina workers compensation. Permanent Partial Disability benefits are the more common type.
Permanent partial disability (PPD) benefits are designed to compensate workers who have suffered a permanent impairment or loss of function due to a work-related injury or illness, but who are still able to work in some capacity.
You may qualify for PPD benefits after reaching maximum medical improvement and receiving an impairment rating.
Impairment Ratings
In North Carolina, impairment ratings play a crucial role in determining the benefits an injured employee can receive under workers’ compensation. These ratings are percentages that represent the degree of your injury and how it affects your ability to carry out your work responsibilities.
Your impairment rating is determined by a medical examiner once you have reached what is known as maximum medical improvement. This is the point at which your condition has stabilized to the extent that no major medical or emotional change can be expected in the future.
The medical examiner evaluates your condition and expresses the impairment as a percentage between 0 and 100. The larger the number, the greater the impairment level.
Calculating PPD Benefits
The amount of PPD benefits you receive is based on your impairment rating and the specific body part affected.
N.C.G.S. § 97-31 outlines a list of scheduled injuries. This statute assigns a certain number of weeks of compensation for various body parts. Compensation is determined based on your impairment rating, the number of weeks for that body part, and your average weekly wage.
If your disability isn’t included in the scheduled injuries, the weekly compensation rate is typically two-thirds of your average weekly wage, subject to a maximum limit.
How Long Do Permanent Partial Disability Benefits Last?
How long you receive PPD benefits depends on the impairment rating and the body part affected. For instance, if you have an impairment rating of 20% for a specific body part, you would be entitled to a certain number of weeks of compensation. Once this period is over, your benefits end.
Permanent Total Disability Benefits
Permanent total disability benefits are only paid to workers in limited circumstances. According to N.C.G.S. § 97-29, workers must suffer one of the following to qualify for PTD benefits:
- Severe brain or closed head injury causing lasting cognitive impairment
- Spinal injury involving severe paralysis of both arms, both legs, or the trunk
- Loss of both hands, both arms, both feet, both legs, both eyes, or any two.
- Second-degree or third-degree burns to 33 percent or more of the total body surface.
Unlike permanent partial disability benefits, permanent total disability benefits can continue for the rest of your life. PTD benefits are typically two-thirds of your average weekly wage at the time of the injury. There is a cap on the maximum weekly benefit.
Workers Compensation Settlement for Permanent Disability
In some cases, your lawyer and the employer’s insurance company might negotiate a lump sum settlement for your permanent disability benefits. This settlement typically takes into account the impairment rating, future medical expenses, and other relevant factors.
Once a settlement is reached, you give up your right to future benefits.
Contact Us Today for a Free Case Review
A workers’ comp settlement for permanent disability will depend on the specifics of your situation.
Always consult with a legal professional to understand your rights and potential compensation. The goal of workers’ compensation is to ensure that you are adequately compensated for your injuries and that you can recover and return to work safely.
Contact our North Carolina Workers Compensation Lawyers to get the representation you need. Our offices can be reached at 919-328-2336.
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