This North Carolina workers’ compensation settlement calculator is a publication of Horton & Mendez Injury Attorneys. We represent injured workers, so contact us to discuss your case.
Before we start
This calculator is to show you the basis for a workers’ comp settlement in North Carolina. It does not provide legal advice, and you should not take any action based on this calculator.
Contact us for a personalized case review by lawyers who understand and perform workers’ compensation settlement calculations.
What this calculator does
When you’re hurt on the job, workers’ compensation provides medical care until you reach maximum medical improvement. But what happens when you have a remaining impairment? You may already know that workers’ comp doesn’t pay for pain and suffering, but shouldn’t it pay you something for permanent damage?
The answer is yes. Your permanent disability pay is called permanent partial disability benefits (PPD). Your impairment rating is quantified by your medical provider’s opinion on the percentage of effect the injury had on the injured body part and the severity of the injury. That figure is then multiplied by your compensation rate, which is 66 2/3% of your average weekly wage, to arrive at the appropriate workers’ comp settlement for partial disability.
This calculator determines the possible appropriate permanent partial disability settlement amount for a case in North Carolina.
Permanent Partial Disability Calculator
North Carolina Body Part Weekly Compensation Chart
- Average weekly wages: Enter the total amount earned, gross or pre-tax. If you were employed only part of the year, select “part of the year” and enter the time period
- Impairment rating: Your impairment rating will be a number from 0-100. It is a percentage impairment as determined by your physician. Enter the number only (no % sign)
- Body part: Select the body part with its corresponding number of weeks of impairment
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Calculating average weekly wages
- Long-term employee. If you were at your job for one year or more before injury, use the 52-week period before injury to determine your average weekly wage.
- Short-term employee. If you were at the job less than one year before injury, provide the number of weeks worked.
- Exceptions. If the length of time produces an impractical result, use the amount earned by a person of the same grade, character, and class of employment in the locality.
Tip: If you worked multiple jobs, include all your jobs in your average weekly wages.
See N.C.G.S. § 97-2 for a discussion of average weekly wage calculation.
Impairment rating
The impairment rating is the relative severity of injury to a body part.
A person’s baseline, prior to injury, is typically full range of motion. Following a course of treatment for the injury, they may experience a limited range of motion. As a result, your impairment rating would be assigned to reflect the difference between the pre-injury level of function and the post-treatment limitations. This rating acknowledges the reduction in function caused by the injury and treatment.
Tip: Impairment rating can be disputed in workers’ compensation. It’s not uncommon for the injured worker to know that their condition causes a significant impairment while the employer insists the impairment is slight. Medical professionals must follow ratings guidance.
However, they don’t always apply guidelines correctly, and some intangibles can’t be stereotyped. Injured workers are entitled to second opinions regarding ratings.
Our lawyers can help you evaluate and challenge your impairment rating.
See North Carolina Industrial Commission Information for Medical Providers
Body part affected
For the body part portion of the calculator, select the body part that was affected.
North Carolina Body Part Weekly Compensation Chart
| Body Part | Number of weeks |
| Thumb | 75 |
| First finger | 45 |
| Second finger | 40 |
| Third finger | 25 |
| Fourth finger | 20 |
| First phalange of thumb | ½ of weeks for thumb or finger affected |
| More than one phalange of finger | Entire amount for finger or thumb, up to 200 |
| Big toe | 35 |
| Other toe | 10 |
| Hand | 200 |
| Arm | 240 |
| Foot | 144 |
| Leg | 200 |
| Eye | 120 |
| Both hands, arms, feet, eyes legs | Total and permanent disability |
| Hearing, one ear | 70 |
| Hearing, both ears | 150 |
| Loss of use of member or eye | 120 |
| Partial loss of member or eye | Proportional weeks to percent loss, except eyes 85%+ loss are compensated as total loss |
| Back, total | 300 |
| Back, partial | Proportional weeks to percentage loss, except 75%+ is compensated as total loss |
Tip: Permanent loss of teeth and teeth restored with crowns are compensated by a fixed amount, variable based on the age of the person. No disfigurement is paid for chip restoration.
See N.C.G.S. § 97-31. Schedule of injuries; rate and period of compensation.
What about facial disfigurement?
For serious facial disfigurement, the victim may receive equitable compensation up to $20,000.
For serious bodily disfigurement without other methods of compensation, up to $10,000 may be awarded.
Limitations of this calculator —be careful before you settle!
This calculator performs a basic calculation of a permanent impairment rating amount. That amount may or may not be what you should settle your case for. A North Carolina workers’ comp clincher agreement, or a compromise settlement agreement, may include future medical expenses. Of course, that should be reflected in your settlement. It’s always best to have a personalized consultation with a lawyer to ensure your settlement fairly represents your interests.
Tip: If you elect to receive a permanent partial disability settlement, you may refile if your condition gets worse. In North Carolina, you have two years to refile, showing that your injury has worsened and that it affects the appropriate settlement.
Total disability compensation
Generally, a worker is entitled for total disability compensation for up to 500 weeks while they have a 100% loss of wage-earning capacity. However, a person may receive extended compensation if they have certain physical or mental limitations. These limitations include loss of multiple limbs, severe spinal injury, burns over a significant part of the body, and significant brain trauma.
You cannot receive total incapacity benefits under N.C.G.S. § 97-29 and schedule injury benefits under N.C.G.S. § 97-31 at the same time. Consult an attorney for a review of all aspects of your case.
Get a North Carolina Workers’ Comp Settlement Calculation from a Lawyer
When you have a consultation with Horton & Mendez Injury Attorneys about your work injury case, you can have a settlement calculation done by a lawyer.
Call or message us now to talk about your case.
