What is a "rating" in a North Carolina workers' comp case?

• kbunn's blog

I frequently get calls from injured NC workers asking about a "rating" so I want to take a few minutes and talk about what that means.  To receive indemnity benefits for a North Carolina workers' comp claim, a worker generally has to show that he or she is not able to work.  Certain injuries however are presumed to be disabling under the North Carolina Workers Compensation Act.  These injuries are set out in North Carolina General Statute § 97‑31, and are listed below, in edited form.

When an injured employee with one of these injuries reaches Maximum Medical Improvement, their authorized treating physician may assign a disability rating to that body part.  That rating, multiplied by the compensation rate and the number of weeks assigned to the body part gives the 97-31 benefit for a workers' compensation claimant.  For example, someone with a back injury might be rated as follows:  10% Rating x 300 weeks (number of weeks for a back) x $400 (a hypothetical compensation rate) = $12,000.

I is more often than not a mistake for an injured worker to accept payment for their rating.  I can think of only two circumstances when my clients have done that.  Both were situations where the client had returned to work at full duty with no complications for a long time, and did not anticipate further medical treatment.  Injured workers claiming workers' comp on NC have a variety of options for dealing with their disability.  Accepting a rating is rarely the best one.

If you have questions about you NC workmans comp claim please email or call for your free consultation.

NOTE:  Special rules may apply to the loss of part of a body part.  Also, note that I have edited some other special rules out of these ratings.

Thumb 75 weeks.

First finger 45 weeks.

Second finger 40 weeks.

Third finger 25 weeks.

Fourth finger 20 weeks.

 

 

Great toe 35 weeks.

 

Other toe 10 weeks.

 

 

Hand 200 weeks.

 

Arm 240 weeks.

Foot 144 weeks.

Leg 200 weeks.

Eye 120 weeks.

The loss of both hands, or both arms, or both feet, or both  legs, or both eyes, or any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of G.S. 97‑29.

Complete loss of hearing in one ear 70 weeks; for the complete loss of hearing in both ears, 150 weeks.

Serious facial or head disfigurement, the Industrial Commission shall award proper and equitable compensation not to exceed twenty thousand dollars ($20,000).

Other serious bodily disfigurement not otherwise compensable, the North Carolina Industrial Commission may award proper and equitable compensation not to exceed ten thousand dollars ($10,000).

Back (which includes neck) 300 weeks.

In case of the loss of or permanent injury to any important external or internal organ or part of the body for which no compensation is payable under any other subdivision of this section, the Industrial Commission may award proper and equitable compensation not to exceed twenty thousand dollar