North Carolina Workers Compensation Settlement Chart

If you have suffered an injury on the job in North Carolina, it is understandable to wonder whether you qualify for workers’ compensation benefits and, if so, what kind of benefits you may be able to secure.

You can find the North Carolina workers’ compensation settlement charts that show examples of how benefits are paid, and it is important to understand the various factors that could go into your determination of benefits.

Hire a Workers’ Compensation Lawyer

It can be challenging to handle the workers’ compensation claim process while you are recovering from an illness or injury that has left you unable to work.

When you hire a workers’ compensation lawyer from Ayers, Ayers and Dressler, you gain an ally to guide you through this process. Since 1986, our team has helped clients recover compensation and benefits to which they are entitled.

Occupational Injuries in North Carolina

According to the U.S. Bureau of Labor Statistics, in 2024, there were a total of 64,200 private industry nonfatal occupational injuries and illnesses in North Carolina. Of those cases, 20,700 required days away from work, and 14,900 needed job restrictions or a transfer. There were an additional 16,900 state and local government sector nonfatal occupational injuries and illnesses.

Workers’ compensation claims are not handled through the traditional civil justice system. Instead, claims are handled by the North Carolina Industrial Commission. Deputy Commissioners hear cases throughout the state.

North Carolina Workers’ Compensation Settlement Factors

When looking at workers’ compensation settlement charts, some of the most important factors considered in determining claim value include:

• The nature of the injury and the part or parts of the body affected by the injury: For example, a broken arm will receive a much lower disability rating than an amputated arm.
• The claimant’s impairment or disability rating: The higher the rating, the more serious their condition.
• The total time they will qualify to receive benefits: This can vary based on anticipated recovery time.
• The claimant’s benefits percentage, or the percentage of their usual weekly wages they will receive with each weekly benefits payment.
• The total potential settlement value: Most example charts will provide rough estimates of how much a claimant might expect for a certain type of injury, but it is important to remember these are ballpark figures.

It is important to only use these charts for your own reference and estimation and not to assume that you can expect the same settlement values reported. As you begin the workers’ compensation claim filing process, you will need to address several factors that the insurance company will use to evaluate the severity of your condition and your eligibility for benefits.

Medical Evaluations for Workers’ Compensation

Most workers’ compensation insurance carriers in the state require claimants to undergo medical evaluations before they can receive benefits. An injured worker can see any available doctor in an emergency, but they will need to visit a workers’ compensation physician to have their impairment rating or disability rating assessed. The workers’ compensation doctor will assign the claimant a rating based on their remaining functional capacity to work.

If you disagree with the doctor’s assessment of your condition and the disability rating they have assigned you, an experienced attorney may be able to arrange for a second opinion. Once you complete this evaluation process, you are ready to submit your claim to the insurance carrier, and they can determine what level of benefits you qualify to receive based on your disability rating.

Your doctor can also determine when you reach maximum medical improvement (MMI). When you reach MMI, it means that you have recovered to the extent possible from your injuries or illness. It does not mean you are cured or have returned to your pre-injury or pre-illness state, but that you are unlikely to heal any further.

When it comes to workers’ compensation, knowing your MMI is a diagnostic tool that can help determine how much compensation you should be getting and the seriousness of your injuries. If you have permanent impairment or the loss of function, you could qualify for a higher disability rating.

Partial Versus Total Disability Benefits

In the event that a worker is injured badly enough that they cannot perform their usual job duties but can still handle alternative, lower-paying work while they recover, they may receive partial disability benefits to help account for the difference in their earnings.

These are paid weekly based on how much the claimant is able to earn. They will need to report weekly income and medical updates to the insurance company. When a claimant cannot work at all because of their injury, they are more likely to receive total disability benefits.

Each payment is a percentage of their usual weekly earnings and can continue until they are able to return to work. In rare cases, seriously injured claimants who develop permanent disabilities can qualify for permanent disability benefits that continue indefinitely.

Workers’ Compensation Statutory Schedule

Under the North Carolina General Statute Section 97-31, specific injuries qualify for predetermined periods of compensation. The compensation for most injuries is for two-thirds of the worker’s average weekly wages. The injury schedule reads as follows:

• The loss of a thumb equals 75 weeks of compensation
• The loss of the first finger equals 45 weeks of compensation
• The loss of the second finger equals 40 weeks of compensation
• The loss of the third finger equals 25 weeks of compensation
• The loss of the fourth finger equals 20 weeks of compensation
• The loss of a great toe equals 35 weeks of compensation
• The loss of any toe other than the great toe equals 10 weeks of compensation
• The loss of a hand equals 200 weeks of compensation
• The loss of an arm equals 240 weeks of compensation
• The loss of a foot equals 144 weeks of compensation
• The loss of a leg equals 200 weeks of compensation
• The loss of an eye equals 120 weeks of compensation
• The complete loss of hearing in one ear equals 70 weeks of compensation
• The complete loss of hearing in both ears equals 150 weeks of compensation
• The total loss of the use of the back equals 300 weeks of compensation

Permanent total disability can be awarded for specific injuries as outlined by North Carolina General Statute Section 97-29. If an employee qualifies for permanent total disability, they receive compensation for the remaining lifetime of the injured employee.

Covered disabilities include:

• The loss of both hands, arms, feet, legs, eyes, or any combination of these items
• Any injury to the spine that involves paralysis to both limbs (arms or legs)
• Severe brain or head injuries that cause permanent and significant impairments affecting sensation, movement, communication, higher cognitive functioning, or neurological health
• Second- or third-degree burns over one-third of the total body surface

FAQs

What Is Disability Rating in a Workers’ Compensation Case in North Carolina?

Disability rating in a workers’ compensation case is a numerical rating that shows the injured worker’s functional capacity to work after an injury.

Undergoing a medical evaluation is typically a requirement for a workers’ compensation claim in the state, and the claimant’s disability rating will determine how much they can receive in disability benefits. The higher the rating, the more they will receive with each payment.

Can You Qualify for Permanent Disability Benefits?

Yes, it is possible to qualify for permanent disability benefits in the state if your work injury has left you completely and permanently disabled.

The insurance company may attempt to settle this type of case with a large lump sum payment, and there are other ways permanent disability benefits may be negotiated.

How Long Does It Take to Resolve a Workers’ Compensation Claim in North Carolina?

The time required to resolve a workers’ compensation claim in North Carolina will depend on several factors, such as whether the employer facilitates the claim, whether the insurance company processes it in good faith, and the overall severity of the injury.

Many workers’ compensation claims are resolved within several weeks of filing, while others may take several months or even longer than a year to resolve.

Why Should I Hire a North Carolina Workers’ Compensation Lawyer?

You should hire a North Carolina workers’ compensation lawyer because these cases are often more complex than they appear at first. Your attorney can guide you through the claim filing process and help you receive a fair determination of benefits.

If any disputes arise regarding your disability rating and the amount of compensation owed to you, you can rely on your attorney to resolve these problems for you.

What Types of Injuries Have the Highest Value in Workers’ Compensation Claims?

The types of injuries that have the highest values in workers’ compensation claims are those that result in permanent impairment of some kind. Head and brain injuries typically result in substantial benefits, as do injuries resulting in permanent blindness, hearing loss, or amputation.

During the medical evaluation, the workers’ compensation doctor will assigns a disability rating that reflects the severity of your injury and the scope of long-term harm it has caused.

Contact Ayers, Ayers and Dressler

The attorneys at Ayers, Ayers and Dressler are ready to provide compassionate legal support through every stage of your workers’ compensation case. While many state workers’ compensation settlement charts can provide a rough idea of what to expect, it is important to remember that every claim is unique. Contact us today to schedule a free consultation with an attorney to guide you through the claim filing process.