What You Need to Know About a North Carolina Workers’ Comp Settlement Chart
Experiencing a work-related injury can be stressful for many employees. You may wonder what benefits you are eligible for in your state. Here is everything you need to know about workers’ compensation settlements in North Carolina.
There are several types of workers’ compensation settlements in North Carolina. North Carolina law compensates a worker based on the type of injury they sustained and the percentage of impairment of the affected part. Impairment ratings and Maximum Medical Improvement (MMI) determinations affect a worker’s compensation in North Carolina.
Workers’ Comp Settlement in North Carolina
A worker’s compensation settlement is a mutual agreement between an employer or an insurance company and an employee that provides the injured employee with wage replacement and medical benefits. There are several types of workers’ compensation settlements in North Carolina:
- Compromise settlement agreements
- Form 26A settlements
- Form 21 settlements
Compromise Settlement Agreements
A compromise settlement agreement, also known as a “clincher,” is a legally binding agreement where an employee agrees to give up their rights for future compensation claims in exchange for a sum of money. An employer or insurance company may pay out compromise settlement agreement funds through a lump sum payment or in installments over time.
Related: How to Collect Unemployment Benefits in North Carolina
Rule 502 of North Carolina’s Industrial Commission contains requirements for all compromise settlement agreements.
Form 26A and Form 21 Settlements
A Form 26A settlement agreement is when an employer admits that an employee suffered a work-related injury that resulted in a permanent partial disability. When an employee files Form 26A, the Industrial Commission will review the form. If they approve, the insurance company will pay the injured employee in weekly installments until they add up to the employee’s permanent partial disability rating. An employee will continue receiving medical benefits for two years from the date of the last compensation payment. Employees give up their rights to future wage benefits in Form 26A settlements.
An employee may request additional benefits if there is a change in condition. An employee has to apply within the two-year period for the Industrial Commission to review and decide if they should increase the compensation.
A Form 21 settlement is similar to a Form 26A settlement except that it applies to temporary disability benefits, not permanent disability benefits.
Maximum Medical Improvement (MMI) in North Carolina
A person reaches Maximum Medical Improvement (MMI) when they fully recover or their condition no longer benefits from additional treatment. When a doctor determines that a person has reached MMI, they will assess to see if the person suffers from any permanent impairments or requires future medical treatments.
MMI is an important aspect of workers’ comp settlements because it affects if a person can continue receiving medical benefits or is eligible for a permanent disability award.
Doctors use impairment ratings to determine if a person has reached MMI. The scale gives a percentage between 0 to 100, which describes a person’s loss of function in the affected body part. The Industrial Commission provides a Rating Guide, a basic outline for physicians making impairment evaluations and ratings.
Permanent Partial Impairment for Compensation Chart in North Carolina
The North Carolina Workers’ Compensation Act provides the rate and period of compensation a person is eligible to receive based on their injuries.
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For the bodily injuries outlined in the table below, a person will receive 66 ⅔% of their average weekly wages for the specified number of weeks:
| Injury | Weeks of Compensation |
| Thumb | 75 |
| First (Index) Finger | 45 |
| Second (Middle) Finger | 40 |
| Third (Ring) Finger | 25 |
| Fourth (Little) Finger | 20 |
| Great Toe | 35 |
| Toe (other than a great toe) | 10 |
| Hand | 200 |
| Arm | 240 |
| Foot | 144 |
| Leg | 200 |
| Eye | 120 |
| Hearing (one ear) | 70 |
| Hearing (both ears) | 150 |
| Back | 300 |
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If you or a loved one would like to learn more about North Carolina Workers’ Comp Settlement Chart, get your free consultation with one of our Employment Attorneys in North Carolina today!