Legal Question in Workers Comp in North Carolina

I have been on workmen s comp for roughly two months now and i am going back to work this week. I could have stayed out longer but i love my position so i know i needed to get back before they had to put someone else there.. Any way a inmate tried to assault me and i secured him to the floor and my arm went under him,all on camera . The guy roughly weighted 250 to 300. I am 180 in the process of getting my arm out i felt a rip, tear, alot of pain new something was wrong... I had a mri and my tricep tendon was torn about 30 to 40 percent and the doctor wanted to do surgery. So i went and had the surgery , the cut me open and attached a anchor to the tendon and drilled a hole in my elbow to attach it to.I now have about a 2 to 3 inch scar down my arm. I am in therapy now have been for roughly 2 months . I am wondering if i will receive a partial permanent disability settlement, cause i do have the anchor in my arm which will be there for ever and a scar a lost so much power and some motion. i just wanted a professional opinion and what would be a fair rating to receive thank you .

Asked on 7/18/16, 2:23 pm

1 Answer from Attorneys

George Lennon Lennon, Camak & Bertics, PLLC

You are asking good questions. The rating is assigned by the doctors using the NC Industrial Commission Rating Guide. You are entitled to a second opinion on the rating. Also, if you have Form 18M completed and approved you may be entitled to lifetime medical care. Both the rating and the 18M happen only after you reach maximum medical improvement (MMI). A great concern in your case is what permanent medical restrictions you may have. Will you be able to do law enforcement work? If not, you may be entitled to long term disability, possible retraining and help finding a replacement job. If you are vested in the State retirement system, do not take your money out. Wait to see how your recovery goes and what your future holds. Get an experienced workers' comp attorney ASAP. Good luck, George

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Answered on 7/18/16, 3:05 pm

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