Suffering a work-related injury can be absolutely devastating. It can also leave you with plenty of questions. In particular, you may wonder how your workers’ comp injury rating is calculated in North Carolina.
Understanding the process can help you receive the compensation you deserve and the justice you need.
Here, we’ll discuss the key factors that determine your workers’ comp impairment rating and how they impact your workers’ comp disability rating. That said, it’s best to contact a qualified North Carolina workers’ compensation law firm for assistance with your particular case.
Get started by calling (336) 724-2828 or sending us an online message today.
What Is a Workers’ Comp Impairment Rating?
A workers’ compensation impairment rating is essential to the workers’ compensation process. It assesses an employee’s physical or mental impairment resulting from a workplace injury or illness. The rating is a percentage indicating how much the injury has permanently impacted a worker’s ability to carry out regular work tasks. This percentage helps determine the amount and duration of benefits the worker is entitled to receive. The higher the impairment rating, the greater the impact on the worker’s capacity to work, which typically results in higher compensation.
Determining an impairment rating involves a comprehensive medical evaluation by a qualified physician. The physician assesses the injury’s long-term impact on the worker’s body and functionality. This examination follows specific guidelines set by North Carolina laws and the American Medical Association (AMA), ensuring that the evaluation is consistent and fair.
Once the impairment rating is assigned, it plays a crucial role in calculating permanent disability benefits, which aim to compensate the injured worker for the lasting effects of their injury or illness. Understanding one’s impairment rating is essential for workers to ensure they receive the appropriate compensation for their injuries.
Why Are Impairment Ratings Important?
A workers’ comp disability impairment rating determine the amount of disability benefits you’ll receive. This includes situations involving temporary total disability, permanent total disability, temporary partial disability, and permanent partial disability payments.
Because uncontested impairment ratings can become permanent, your rating will tremendously effect your future quality of life and income.
How Are Impairment Ratings Calculated in North Carolina?
The North Carolina Industrial Commission (NCIC) calculates impairment rates for workers in the state. To do so, it developed a guide that uses a standardized rating system to evaluate the severity of your work-related injury.
This system takes into account the affected body part, the severity of the injury, and the impact on your overall quality of life.
The NCIC ratings guide assigns a percentage value to each body part that depends on the severity of the injury. For example, the loss of a finger is worth fewer percentage points than the loss of a hand.
Once the body part receives a value, a physician measures the degree of injury, with a higher number indicating more severe impairment.
Let’s consider an example from the guide.
For anyone who has a shortening of their leg because of an injury, the NCIC’s impairment guide assigns the following impairment ratings:
- 4% impairment for shortening of ½ inch;
- 8% impairment for a 1-inch shortening;
- 24% impairment for a shortening of 2 inches; and
- 40% impairment for a shortening of 3 inches.
A physician can also include several miscellaneous factors to complete their evaluation of how the injury impacts your overall quality of life. These include factors such as pain, loss of mobility, and muscle weakness. The more severe the impact on your quality of life, the higher your impairment rating will be.
What Is a Good Impairment Rating?
Overall, the only “good” impairment rating is one that accurately reflects the severity of your injury and its impact on your life. A higher impairment rating may be advantageous for an injured employee because it typically means they are eligible for more substantial compensation. A higher rating often results in increased benefits, including financial compensation for lost wages, future earning potential, and coverage for ongoing medical care.
However, It’s important to note that a higher impairment rating does not necessarily mean more compensation.
The NCIC also considers your pre-injury earning capacity and the impact of your injury on your ability to work when determining your workers’ comp disability rating. This includes evaluating whether your injury has reduced your ability to perform the job you held before the injury or has limited your ability to find and maintain employment in your field or other suitable fields.
The commission aims to ensure that your disability rating accurately reflects your injury’s real-world implications, such as the potential loss of future earnings and the need for job retraining or accommodations. By considering these factors, the NCIC strives to provide fair compensation that aligns with the long-term financial impact your injury may have on your life.
How to Get a Higher Impairment Rating
You may wonder how to get a higher impairment rating. Securing a higher impairment rating in a workers’ compensation claim often requires thorough preparation and strategic action. The first step is to ensure that your medical evaluation is comprehensive. This step involves providing your physician with detailed documentation of your injury or illness, including all medical records, diagnostic tests, and evidence of how the condition affects your daily life and work capabilities.
It’s essential to describe any pain, discomfort, or limitations you experience, as parties can sometimes overlook these subjective symptoms during the assessment. Seeking a second opinion or an independent medical evaluation (IME) from another qualified physician may also help if you believe your initial rating was too low.
Working with a knowledgeable workers’ comp attorney can significantly improve your chances of obtaining a higher impairment rating. An attorney can help you navigate the appeals process and ensure that your medical evaluation covers everything necessary and that the physician adheres to the correct guidelines.
Additionally, a skilled workers’ comp attorney can advocate on your behalf, challenging any rating that seems inaccurate or unfair and negotiating with the insurance company if necessary. They can also present evidence on your behalf that supports a higher impairment rating.
If your workers’ comp impairment rating does not accurately reflect the severity of your injury, don’t wait. Remember that your impairment will have significant and permanent effects on your future. So you should settle for nothing less than a fully accurate impairment rating.
We Can Help You Get a Fair Workers’ Comp Rating
If you’ve suffered a work-related injury, getting the workers’ comp injury rating you need to receive the compensation you deserve is essential. At EMP Law, our attorneys have decades of experience guiding clients through all kinds of law.
They can apply their grit, experience, and determination for you to help you get the impairment rating you deserve. Don’t gamble with your future and settle for a sub-par impairment rating.
. Our team at EMP Law understands the workers’ compensation system’s complexities and the critical importance of an accurate impairment rating in determining your benefits. We work closely with medical professionals and independent experts to ensure that every aspect of your injury is properly evaluated and documented. Our attorneys will tirelessly challenge low ratings and negotiate with insurance companies to secure the highest possible compensation.
When You Need the Best Contact EMP Law
EMP Law is a leading authority in employment law in North Carolina, recognized for its exceptional service and client success. Our attorneys have been honored with numerous accolades, including being named Top Employment Lawyer in North Carolina by Business Week Magazine and earning a place in their Hall of Fame of Employment Lawyers.
Since 1994, many of our advocates have consistently been listed in Best Lawyers in America for Employment Law and Workers’ Compensation and recognized as North Carolina Super Lawyers from 2006 to 2023.
Additionally, our firm boasts Martindale Hubbell’s highest rating of AV Preeminent and expertise in Alternative Dispute Resolution.With 140 years of combined practice, EMP Law brings unmatched experience and dedication to every case. Whether you’re seeking top-tier representation or guidance through complex legal challenges, EMP Law is the trusted partner you need to achieve the best possible outcome.
Contact us online or call (336) 530-8341 today to schedule an initial consultation.
Griff is dedicated to assisting individuals who need assistance with workers' compensation issues, who are the victims of discrimination, or who have suffered a serious injury. He practices primarily in the areas of workers’ compensation, employment, civil rights, and mediation.
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