Workers’ comp ankle injury settlements resolve claims for ankle injuries that occur in employment. A person who suffers an ankle injury on the job may receive workers’ compensation benefits.
One way to resolve a claim for benefits is through a settlement, a negotiated agreement between the injured person and the employer’s workers’ compensation insurance.
The experienced Jacksonville workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain ankle injury settlements in North Carolina.
Workers’ Comp Ankle Injury Settlements Jackson, NC
- If you suffer an ankle injury at work, you may qualify to receive workers’ compensation benefits.
- Benefits may include medical care, lost income, impairment compensation, and related benefits.
- You may resolve your case with a settlement, whether or not your ankle injury requires surgery.
- Each case is settled individually, based on the person’s medical care needs, the impact of injury on their wages, and the extent to which the ankle injury results in lasting impairment.
- State-specific laws determine the claims process and what benefits a person may receive. Jacksonville workers’ compensation laws fall under North Carolina law and are administered by the North Carolina Industrial Commission.
To receive a workers’ comp ankle injury settlement, you must report the injury to your employer.
You have 30 days to report the accident, but you should report it immediately. Make the report in writing. You will then receive medical care from the care provider chosen by your employer. An attorney can represent you in your claim for benefits and negotiate a settlement.
Common Workplace Accidents That Lead to Ankle Injuries
- Motor vehicle accidents that may result in blunt trauma to the ankle, extreme pulling and stretching, crushing, or being thrown and dragged
- Fall, slip, trip, and fall, resulting in trauma to the ankle, including broken bones and soft tissue damage
- Caught by incidents when the ankle becomes stuck in machinery or a tight space
- Run over, crushed by a motor vehicle or equipment, or a heavy object falling from an elevated surface
- Repetitive trauma, which is a cumulative injury that occurs over time because of repetitive motion or improper form
- Striking against when the ankle strikes an object or structure
- Cut, puncture, or scrape the ankle when it is cut because of a sharp or protruding object
Average Workers’ Comp Ankle Injury Settlements
The National Safety Council (NSC) reports an average workers’ comp ankle injury settlement of $31,685 for claims involving lost work days. This amount includes medical care and other benefits.
Your compensation for an ankle injury at work may be more or less than average. NSC reports a national average, but state laws can impact final settlement amounts.
What Types of Ankle Injuries Are Covered by Workers’ Comp?
- Bone fracture—Fracture of the talus, calcaneus, cuboid, subtalar joint, navicular, and other bones of the leg, ankle, and foot
- Degloving—ankle skin is pulled away from the internal tissue, as if taking off a glove
- Tendon ruptures—including Achilles tendon rupture
- Sprains—ligament damage may occur high on the ankle with ligaments connecting the tibia and fibula, eversion (ankle rolling outward), and inversion (ankle rolling inward)
- Strain – pulled muscle or tendons, but less severe than sprains
- Stress fractures—small bone cracks resulting from repetitive trauma
- Impingement—scar tissue or bone spurs that cause pain
- Arthritis—worn cartilage causing pain and stiffness, can result from injury
How Ankle Injury Settlements Are Calculated in NC
Ankle injury settlements in NC are calculated as a percentage impairment of the foot. In NC workers’ compensation settlement ratings, the leg below the knee is considered the foot.
In determining the rating, medical evaluators will consider:
- Ankylosis—stiffening or immobility of the ankle, abnormal fixation
- Limitation of motion of the ankle—evaluating the range of motion, which falls into three categories for rating
- Limitation of motion of the foot—with six possible categories based on range of motion
- Tarsal fractures—impairment of the foot, determined by the position of the longitudinal arch or weight bearing, rather than by joint motion
In North Carolina, loss of a foot, including the ankle, is compensated for 144 weeks, paying 66 2/3% of the average weekly wage, up to the maximum amount.
Factors That Affect the Value of Your Claim
A settlement for an ankle injury at work considers permanent impairment. It accounts for whether future medical care will be available through workers’ compensation or medical care will be included in the settlement. The person’s average weekly wage before settlement also factors into compensation amounts.
The timing of the settlement may significantly impact what’s included. Most cases take several months to determine the extent of injury, needed medical care, and maximum medical improvement. An attorney can help determine when to settle a case and what your case may be worth.
Can You Receive a Lump Sum Settlement for an Ankle Injury?
Yes, you can receive a lump sum settlement for an ankle injury through workers’ compensation.
Most workers’ compensation settlements, including those for ankle injury, are paid as a lump sum. Installment payments are possible, but they are less common than lump sum agreements.
As you prepare your settlement, it’s important to understand what’s included. The terms of the settlement must be in writing.
Challenges You May Face in an Ankle Injury Claim
- Claims that you did not appropriately report the workplace injury
- Questions of causation and pre-existing conditions
- Disagreements about medical care (e.g., the doctor for your employer may suggest a short course of physical therapy when surgery is necessary)
- Procedural steps to request a hearing and present evidence
- The employer challenges benefits by saying you willfully disregarded a safety rule or did something else that disqualifies you
- Proper evaluation of your impairment rating
- Calculation of your average weekly wage, including unique circumstances like a short work history or variable income
- Gathering medical evidence, seeking a second opinion, or a different care provider, when appropriate
- Multiple injuries in your claim
How a Jacksonville Workers’ Comp Lawyer Can Help
A Jacksonville workers’ comp lawyer can help in the following ways:
- Identify issues that may be especially important.
- Navigate the timing of your settlement and whether it’s best to settle or have a hearing.
- Calculate your benefits and understand what types of compensation you may receive.
- Respond to defenses and challenges.
- Review the impairment rating for the ankle, gathering additional medical evidence if needed.
- Request a hearing, submit evidence, and present your case.
- Answer your questions and guide you through the claims process.
Horton & Mendez, Injury & Car Accident Attorneys, represents workers with ankle injuries. We handle surgery and non-surgery claims, fighting for the benefits of those we represent.
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Call or message us now to talk to a Jacksonville workers’ compensation ankle injury settlement lawyer.
