Legal Question in Workers Comp in North Carolina

I reached mmi without having surgery, which was recommended, dr. rated me 10% without surgery, with perm. work restrictions, if I settle, how does the perm. work restricitons effect my amount.

Asked on 7/17/16, 6:06 am

1 Answer from Attorneys

George Lennon Lennon, Camak & Bertics, PLLC

At MMI, you are entitled to an election of one of 3 benefits - Permanent total disability if there is no job you can do; temporary partial disability if you can return to work, but at lower wages; or permanent partial disability (rating). In addition, if you file Form 18M and it is approved by the industrial Commission, you may be entitled to lifetime medical benefits.

So the threshold issue is whether the employer has a "suitable" job within your permanent work restrictions. You may have been working light duty up to this point. Modified work is generally not suitable. You should write the adjuster for a copy of all forms, rehabilitation reports and medical records in your case. Consult with an experienced workers' compensation attorney ASAP. You may have the right to retraining and vocational help, etc. Good luck, George

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Answered on 7/17/16, 11:59 am

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