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I’ve Been Given a Workers’ Comp Rating. Should I Close My Case?

Workers Compensation Attorney North CarolinaBy Jacob Goad

One of the questions we often hear from injured workers is whether they should accept what the workers’ comp insurance company is offering to pay them, based on a rating of the injured person’s body part or parts.

That’s a good question. The answer can often depend on your unique circumstances. And sometimes on how much a doctor knows about North Carolina Industrial Commission (NCIC) ratings guidelines. We had a case a while back that illustrates this point.

A hip replacement is generally considered to be worth a 40% rating, according to NCIC guidelines. Surprisingly, not all doctors know about these NCIC guidelines. One doctor who did not know about the NCIC guidelines gave our client a rating significantly below 40% for a hip replacement. We sent the client for a second opinion with a knowledgeable doctor who assigned the more appropriate rating of 40%.

Just about every body part that you can imagine is named in the Workers’ Compensation Act, and is given a value in weeks of compensation. Here’s an illustration of hand, arm, leg, eye, hearing, and foot injury ratings, according to the North Carolina Industrial Commission (NCIC) ratings guidelines. (It is interesting, and in my opinion somewhat disturbing, to know that every finger on your hand has a value.)

NCIC Payments for Various Body Parts

Thumb 75 weeks Arm 240 weeks
First or index finger 45 weeks Foot 144 weeks
Second or middle finger 40 weeks Leg 200 weeks
Third or ring finger 25 weeks Eye 120 weeks
Fourth or little finger 20 weeks Hearing (one ear) 70 weeks
Great toe 35 weeks Hearing (both ears) 150 weeks
Any other toe 10 weeks Back 300 weeks
Hand 200 weeks

Whether You Should Settle Depends on Your Circumstances

Many people contact us with questions about whether they should settle based on a rating, and the answer to that question will vary depending on your circumstances. Here are some of the things we consider:

  1. Do you intend to continue working with the employer where your injury occurred?
  2. Are you receiving a weekly check from the workers’ compensation company?
  3. Do you have a substantial need of medical treatment?
  4. Have you undergone a functional capacity evaluation, and has your employer offered you employment that is appropriate for your injury?
  5. Have you been informed about your rights to file a Form 18M (an Employee’s Application for Additional Medical Compensation)?
  6. Is the impairment rating given by the doctor (often chosen by the insurance company) reasonable in light of your injury?
  7. Would you benefit from a second opinion by another doctor that is agreed upon by both you and the insurance company, and is paid for by the insurance company?

When You Settle Your Workers’ Comp Claim

The first step to resolving a case based solely on an impairment rating is by signing a Form 26A.  A Form 26A is an employer’s admission of the employee’s right to permanent partial disability to a body part or parts. We urge you to contact an experienced workers’ comp attorney before settling on a rating. You simply don’t know what you don’t know. One recent case comes to mind that illustrates this point.

We represented an injured worker who enjoyed her job and was looking forward to going back to it. The workers’ comp insurance company stood in the way of that goal however. Its guidelines for a full settlement of the claim stated that you must also resign from the company where you were working when you got hurt. Our client did not want to resign. So she decided to settle based on a rating alone. This would not have been in her best interest, so we embarked on extensive research that uncovered a gold nugget of information, which subsequently favored our client. Because of this new information, our client received much more than she would have otherwise based on her rating alone*. And she got to go back to a job she loved!

N.C. Workers’ Comp Lawyers Offer Free Case Evaluation

Case evaluations are free. Furthermore, we work on a contingency basis, which means if we don’t get you compensation, you don’t owe us an attorney’s fee. We urge you to contact us if you are considering settling based on a rating – or settling period.

PS…There are lots of good N.C. workers’ comp attorneys you could choose from. Here are five important reasons we believe you should consider hiring us.

*Cases or matters referenced do not represent the law firm’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results. Client identity has been removed or changed to protect client’s privacy.

Contact Information

Asheville Law Office

300 Ridgefield Court Suite 309
Asheville, NC 28806
Phone: 828-552-8215
Toll Free: 1-866-900-7078

Charlotte Law Office

301 S McDowell St, Suite 900
Charlotte, NC 28204
Phone: 704-599-1078
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

2915 Raeford Road, Suite 204
Fayetteville, NC 28303
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Goldsboro Law Office

1308 Wayne Memorial Drive, Suite B
Goldsboro, NC 27534
Phone: 919-731-2581
Toll Free: 1-866-900-7078

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Greenville Law Office

702 Cromwell Dr. Suite G
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Morganton Law Office

216 N. Sterling Street, Suite B
Morganton, NC 28655
Phone: 828-219-3080
Toll Free: 1-844-520-2894

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

144 Woodridge Court
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078