{"id":4733,"date":"2019-05-14T11:11:00","date_gmt":"2019-05-14T15:11:00","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4733"},"modified":"2019-05-14T11:11:00","modified_gmt":"2019-05-14T15:11:00","slug":"impairment-ratings-and-north-carolina-workers-compensation-claims","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/impairment-ratings-and-north-carolina-workers-compensation-claims\/","title":{"rendered":"Impairment Ratings and North Carolina Workers\u2019 Compensation Claims"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Even if an injured worker has returned to work, he or she may qualify for additional weeks of <a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/workers-compensation\/\">workers\u2019 compensation<\/a> pay if they lose function of a key body part. The benefits will be adjusted according to the injury impairment rating. The rating is given as a percentage rating by the injured worker\u2019s authorized treating doctor. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are different classifications of work injury disability in North Carolina. The main four are:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>Temporary total disability<\/b><span style=\"font-weight: 400;\">. (<\/span><b>TTD<\/b><span style=\"font-weight: 400;\">) Many workers are able to return to work after treatment with the doctors, therapists, and other health providers, but for now, are either held out of work completely by their doctors, or can prove that they are unable to find work within their physical restrictions; \u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Total and permanent disability.<\/b><span style=\"font-weight: 400;\"> Some workers are never able to return work at all on a permanent basis due to their injuries and are entitled to ongoing compensation for life. <\/span><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><b>Temporary partial disability. (TPD) <\/b><span style=\"font-weight: 400;\">In the middle, are the workers who can return to work with restrictions at a lower-paying job. They get 2\/3rds of the difference between the lower-paying and pre-injury job<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Extended compensation.<\/b><span style=\"font-weight: 400;\"> A new category passed in 2011, once an injured worker reaches 425 weeks of compensation, if he or she can prove that the employee has sustained a total loss of wage-earning capacity, the employee may receive compensation beyond the 500-week limit; however, this Award can be challenged if the worker if the defendants can prove the worker is no longer disabled. <\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">North Carolina generally pays these workers 2\/3rds of their average weekly wage during the time they aren\u2019t working. When workers return to their job with restrictions, they are paid a portion of their average weekly wages which is apportioned based on how much money they are earning at the lower- paying job. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There is one more type of condition that can result in additional wage loss payments (generally 2\/3rds of the average weekly wage), even if the injured worker has returned to work. This condition is called a <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/what-does-permanency-rating-mean\/\"><span style=\"font-weight: 400;\">permanent partial impairment.<\/span><\/a><span style=\"font-weight: 400;\"> Also called <\/span><b>PPI <\/b><span style=\"font-weight: 400;\">or <\/span><b>PPD payments.<\/b><\/p>\n<p><span style=\"font-weight: 400;\">The <\/span><a href=\"http:\/\/www.ic.nc.gov\/ncic\/pages\/ratinggd.htm\"><span style=\"font-weight: 400;\">North Carolina Industrial Commission<\/span><\/a><span style=\"font-weight: 400;\"> defines this category as follows: &#8220;Permanent disability is not a purely medical condition. A patient is \u2018permanently disabled\u2019 if \u2018under a permanent disability\u2019 when his actual or presumed ability to engage in gainful activity is reduced or absent because of \u2018impairment\u2019 and no fundamental or marked change in the future can be expected.&#8221;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Essentially, a doctor reviews the various parts of the worker\u2019s body to see if there are any parts (such as the motion of an ankle) that the worker can\u2019t use. The doctor then determines what percentage of that bodily function has been damaged and assigns a percentage (called an impairment rating) to the damage part of the body.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, if worker\u2019s foot motion is limited due to the workplace injury, the doctor will assign the following percentages:<\/span><\/p>\n<p><b>Limitation of motion of ankle<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Motion between 90 degrees and 120 degrees = 10%<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Motion between 100 degrees and 115 degrees = 25%<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Motion between 105 degrees and 110 degrees = 50%<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The impairment rating evaluation by the doctor is not made until the employee has reached what is called \u2013 Maximum Medical Improvement (MMI). Workers do have the right to treat with all physicians and therapists to try to get healthy enough to return to work. There comes a time, though, when additional medical treatment won\u2019t improve the worker\u2019s condition. While the worker may still be entitled to medical benefits if the treatments prevent his\/her condition from worsening, the worker\u2019s right to additional wage loss benefits is re-evaluated. The re-evaluation requires a physical examination by a physician who typically refers the injured worker for an extensive workup with a physical therapist facility. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">As mentioned, the physician reviews which body part or medically related part is not functioning. The physician than assigns a rating. Generally, today, physicians no longer perform the impairment rating. Rather, specialized physical therapists perform detailed testing on the injured body parts during an extensive test called a <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/functional-capacity-exams-fces-in-north-carolina-and-virginia-workers-compensation\/\"><span style=\"font-weight: 400;\">Functional Capacity Exam, or FCE<\/span><\/a><span style=\"font-weight: 400;\">. \u00a0These physical therapists do the impairment rating use guidelines established by the American Medical Association. \u00a0After the testing is performed, the results will be sent to the doctor and the doctor will decide if he or she is willing to sign off on the testing results. Most of the time, they do. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">That being said, FCE\u2019s and the AMA guidelines are just that \u2013 guidelines. The doctor can assign the impairment rating on his\/her own &#8211; based on \u201cthe examining doctor\u2019s independent opinion based on his own knowledge, experience and clinical examination.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Usually, the employer\u2019s insurance company will choose the FCE facility that does the initial impairment rating\/FCE Testing. The employee, in North Carolina, does have the right to get a second opinion on the rating at an doctor of his or her choosing\u2013 paid for by the employer, not the employee.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The amount of pay due a worker with an impairment is based on the following three factors:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The number of weeks the state has preset as a maximum for that specific type of injury. These numbers are set forth in <\/span><a href=\"http:\/\/www.ic.nc.gov\/ncic\/pages\/statute\/97-31.htm\"><span style=\"font-weight: 400;\">Section 97-31 of the North Carolina Workers\u2019 Compensation Act.<\/span><\/a><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">That number is multiplied by the impairment rating percentage<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The resulting number is then multiplied by the workers average weekly wage figure (adjusted by 2\/3rds)<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">In the reduced range of motion of the ankle example:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Workers who lose the entire use of their ankle\/foot are entitled to work loss benefits for up to 144 weeks.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">If a worker\u2019s impairment rating is 25%, then the number of weeks is cut to 25% of 144 weeks = 36 weeks.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The worker then receives 2\/3rds of his\/her average weekly wage for 36 weeks. So&#8211; if the average weekly wage were $1000.00, then 2\/3rds of that figure would be $666.67. That is the compensation rate of $666.67 x 36 weeks, which gives us a payment to the injured worker of <\/span><b>$24,000.00<\/b><span style=\"font-weight: 400;\"> for his or her permanent partial impairment to that body part. <\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Note that these payments ARE NOT in addition to the maximum of 500 weeks of benefits and one cannot receive these payments for. Unless the worker has been determined to be totally disabled per the rules or entitled to extended compensation, 500 weeks is the limit. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The permanent partial impairment benefit therefore really only becomes important where the injured worker has returned to work at the same pay as pre-injury. Then, with the help of an experienced North Carolina workers\u2019 compensation lawyer, the worker may be entitled to a lump sum payment instead of having to wait the 24 weeks to get his\/her physical impairment benefit. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Section 97-31 covers the loss of hearing or the loss of vision (one eye or both) in addition to the loss of use or the amputation of any limbs, hands, feet, finger or toes. Additional payments can also be made for disfigurement or scarring. The loss of use of important bodily organs is also covered. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Workers need to be careful. They should review their disability payment rights and overall workers\u2019 compensation rights with an experienced lawyer. \u00a0\u00a0Once the worker accepts a permanent partial disability, they can continue to receive medical benefits \u2013 provided the medical benefits are helping the worker. This could further form the basis of a potential settlement with the insurance company\u2014even if the injured worker has returned to work. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Joe Miller Esq., understands when workers should claim the impairment disability benefits. We work to verify the injury and the impairment rating. We recommend settlement when it is in the worker\u2019s best interest. We\u2019ve been fighting for injured workers for over 31 years. For help with all phases of your workers\u2019 compensation claim, call attorney Joe Miller at 1<\/span><b>-(888) 694-1671<\/b><span style=\"font-weight: 400;\"> or complete my <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\"><span style=\"font-weight: 400;\">contact form<\/span><\/a><span style=\"font-weight: 400;\"> to schedule an appointment.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if an injured worker has returned to work, he or she may qualify for additional weeks of workers\u2019 compensation pay if they lose function of a key body part. The benefits will be adjusted according to the injury impairment rating. The rating is given as a percentage rating by the injured worker\u2019s authorized treating &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Impairment Ratings and North Carolina Workers\u2019 Compensation Claims\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/impairment-ratings-and-north-carolina-workers-compensation-claims\/#more-4733\" aria-label=\"Read more about Impairment Ratings and North Carolina Workers\u2019 Compensation Claims\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[13,96,95,176,94],"tags":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"Even if an injured worker has returned to work, he or she may qualify for additional weeks of workers\u2019 compensation pay if they lose function of a key body part. The benefits will be adjusted according to the injury impairment rating. The rating is given as a percentage rating by the injured worker\u2019s authorized treating&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4733"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=4733"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4733\/revisions"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=4733"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=4733"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/tags?post=4733"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}