{"id":6261,"date":"2024-04-09T13:49:22","date_gmt":"2024-04-09T17:49:22","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=6261"},"modified":"2024-04-09T13:52:41","modified_gmt":"2024-04-09T17:52:41","slug":"common-myths-about-workers-compensation-part-two","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/common-myths-about-workers-compensation-part-two\/","title":{"rendered":"Common Myths About Workers Compensation. Part Two."},"content":{"rendered":"\n
This is part two of our discussion of common myths about workers’ compensation claims. We Previously addressed some of the most frequently heard myths in Part One<\/strong><\/a>. We recommend that if you have any questions about your right to file for workers’ compensation and what benefits you’re entitled to claim, you contact our office. We’ll advise you.<\/p>\n\n\n\n That’s false<\/strong>.<\/strong> As we discussed in part one<\/strong><\/a>, workers’ compensation is a compromise. While most of your financial damages are compensated when you file a workers’ compensation claim, there are some limitations on what you can receive. Here’s a summary of what is and what is compensated.<\/p>\n\n\n\n Workers’ compensation may even pay for the cost of travel if the doctors you need to see aren’t close to where you live.<\/p>\n\n\n\n If you can return to work because your injuries have healed well enough for you to do your job, and your doctor releases you to full duty, your wage benefits stop. You’re still entitled to have your doctor bills paid for the care you need to ensure your health doesn’t get worse.<\/p>\n\n\n\n Temporary Partial Disability<\/strong>. If you can do some work but not at the pay scale you were earning before your accident, due to light duty restrictions set by your doctor, you can receive 2\/3rds of the difference between your average weekly wages<\/strong> and the amount you’re earning<\/strong> at the lower pay scale for potentially up to 500 weeks, in combination with any other weekly payments you have received or will receive. This is called Temporary Partial Disability or TPD.<\/strong><\/p>\n\n\n\n Extended Benefits in North Carolina.<\/strong> North Carolina does have a provision under NCGS 97-29 ( C )<\/a> where you can potentially extend your benefits beyond 500 weeks if you can prove, after reaching 425 weeks of ongoing benefits, that you have sustained a “total loss of wage-earning capacity.”<\/p>\n\n\n\n Virginia does not have this provision. Outside of that North Carolina Provision, the only other way you can obtain weekly compensation benefits in either State beyond the 500- week cap is to prove that you are permanently and totally disabled<\/strong>. Only very severe, specific injuries qualify for this level of disability. If you do qualify, you would be entitled to lifetime<\/strong> weekly benefits. Understand that this is a pretty rare finding by the Commission.<\/p>\n\n\n\n In North Carolina, only certain disabilities are considered permanent<\/a> and total. Meaning, if granted, you would receive LIFETIME compensation, not just the 500 weeks. These include:<\/p>\n\n\n\n (1) The loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof, as provided by G.S.\u00a0G.S.\u00a0\u00a797-31(17).<\/p>\n\n\n\n (2) Spinal injury involving severe paralysis of both arms, both legs, or the trunk.<\/p>\n\n\n\n (3) Severe brain or closed head injury as evidenced by severe and permanent:<\/p>\n\n\n\n (4) Second-degree or third-degree burns to thirty-three percent (33%) or more of the total body surface.”<\/p>\n\n\n\n In Virginia<\/a>, you can receive permanent and total disability benefits, i.e. lifetime compensation, not limited to 500 weeks, only <\/strong>if you have the following types of injuries:<\/p>\n\n\n\n It should be noted that unfortunately, North Carolina Law does not look at the word “loss” when talking about hands, arms, feet or legs as set forth in the above statutes in the same way that Virginia Courts do, but rather takes it literally to mean a complete<\/strong> loss of that body part, as in amputation<\/strong> of that body part.<\/p>\n\n\n\n As will be further described below, unlike North Carolina, Virgina Courts interpret the word “loss,” when talking about hands, arms, feet or legs to mean ANY loss as to those body parts which significantly impairs the worker’s ability to engage in gainful employment. Meaning, for example, if someone had two legs which were rated to have a 45% permanent partial impairment in the left leg and 65% permanent partial impairment in the right leg, and this interfered with the injured workers’ ability to engage in gainful employment, the Commission would likely rule that permanent and total. We will now discuss what is meant by Permanent Partial Impairment and how it might be arrived at by your physician.<\/p>\n\n\n\n Permanent Partial Impairment Benefits (PPI)<\/strong><\/u>.<\/u><\/a> Even if you are not completely disabled and even if you return to full duty, you could still be entitled to something called Permanent Partial Impairment (PPI) benefits<\/strong>. Normally your doctor or an independent doctor evaluates your injury and your job skills. That doctor determines if you have a permanent disability and the severity of the disability by relying on a Functional Capacity Examination (FCE).<\/a> As part of this testing, the FCE will often include a permanent impairment rating of your injured body parts, assuming those parts were ratable.<\/p>\n\n\n\n Based on the results of the FCE, the doctor will usually rely on that test to assign a severity level (called a permanent impairment rating) <\/strong>to the body part or parts that were injured in the work accident. Generally, doctors follow the American Medical Association’s (AMA’s) book Guides to the Evaluation of Permanent Impairment<\/em> to evaluate your disability.<\/p>\n\n\n\n Once that rating is given, which is in the form of a percentage, the next step is for your attorney to look at the relevant statute to determine the maximum number of weeks you would be awarded if that body part was completely lost.<\/p>\n\n\n\n Then, your attorney would multiply those weeks times the percentage rating. For instance, in Virginia, if you had a leg injury, even if you returned to full duty, the maximum permanent impairment you could receive if the leg was completely lost is 175 weeks of TTD payments (2\/3rds of your average weekly wage). So, if your doctor gave you an impairment rating of 20%, you take the maximum number of weeks (175) and multiply that times 20% to give you 35 weeks. If your TTD rate was, let’s say $650.00, that would entitle you to another $22,750.00<\/strong> in money for your PPI, even if you were back at full duty.<\/p>\n\n\n\n But understand this. If you are unable to return to your job and you are receiving TTD money already, you cannot get PPI money. Also, the PPI rating cannot increase<\/strong> the maximum of 500 weeks of TTD unless you are considered permanently and totally disabled. In other words, in most cases where you are under an Award, not being accommodated, cannot return to your job because of your injuries, and receiving your TTD checks, in terms of trying to settle your case, the rating is not that important.<\/p>\n\n\n\n A PPI rating<\/a> only becomes important in three instances:<\/p>\n\n\n\n We’ll continue with our conversation about other myths in part three of our discussion.<\/p>\n\n\n\n At Joe Miller Ltd., we’ve been strong advocates for injured workers for over 35 years. Our North Carolina and Virginia workers’ compensation lawyer has helped thousands of employees obtain full compensation when they can’t work due to workplace accidents or occupational illnesses. We’ll answer all your questions and guide you through each step of the claims process. To speak with our accomplished workers’ compensation lawyer, call attorney Joe Miller, Esq., at 888-667-8295 or fill out my online contact form<\/a> to schedule a free consultation.<\/p>\n\n\n\n Our law firm does have a way for you to provide your details of your accident and injuries if you simply want to do that electronically from the comfort and safety of your home at any time<\/strong> of day or night. To utilize this service, simply click here<\/a>: New Electronic Case Review<\/a>.<\/p>\n\n\n\n We’ll get back to you, typically within 24 hours to provide our response as to whether your situation is one where we can provide you with legal representation. If we require more information, we’ll contact you and ask for that information in order to make that determination as to whether we are the best folks to assist you. If we ultimately determine that we cannot represent or assist you, we will not leave you high and dry. We’ll do our best to provide you with other resources to assist you.<\/p>\n","protected":false},"excerpt":{"rendered":" This is part two of our discussion of common myths about workers’ compensation claims. We Previously addressed some of the most frequently heard myths in Part One. We recommend that if you have any questions about your right to file for workers’ compensation and what benefits you’re entitled to claim, you contact our office. We’ll … <\/p>\nMyth: Workers’ compensation benefits are the same as a personal injury recovery.<\/strong><\/em><\/h3>\n\n\n\n
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