North Carolina  |  Workers Comp

Because there is a large gap between 5 and 14%, I would argue that 14% is the correct percentage and you should get that amount.

The statutory method of calculating your permanent impairment is done by taking 66.6667% of your average weekly wage (which is your Compensation Rate) and multiplying it by 14% of the amount of weeks for that body part.

For example if you injured your back the amount of weeks offered is 300. You would take 14% x 300 weeks, which is 42 weeks.

You would multiply 42 by your compensation rate, to get your permanent impairment.

There are different weeks of pay available depending on the body part injured.

As you can tell, this area of law is not simple. You should also be aware that your lump sum should include more than just your permanent impairment rating. You are entitled to much more.

I suggest you speak with an attorney before taking any compensation from the insurance company and signing anything.

I agree with Geneva that you should argue the 14% as the proper rating. It is difficult to tell what the lump sum is going to be without knowing the injured body part. NCGS 97-31 lists the number of weeks the injured body part is worth for 100% disability to that part (back = 300 weeks, leg = 200 weeks, arm = 240 weeks, etc.). In addition, a lump sum may depend on the type of settlement you are looking for...if the case is to be clinchered (final settlement of all claims) you need to look at much, much more than a rating and I would advise you seek counsel immediately. If you are looking to settle for the rating only and leave your medical benefits open, the lump sum would be payment as explained above. I would still strongly suggest that you speak with counsel to discuss how your future medical treatment works and to discuss issues related to benefits you could receive (and potentially lose) if you were to accept the rating and have a change in condition some time down the road. Workers' Comp is a tricky and complicated area of law and you need a professional to help you navigate these waters.