Sometimes, even with prompt medical care, a workplace injury can lead to permanent disability.
When you have permanent impairment because of a workplace injury, you deserve fair compensation. This compensation is called Permanent Partial Disability (PPD).
Our experienced Wilmington workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain Permanent Partial Disability in Wilmington, NC workers’ compensation cases.
What Does Permanent Partial Disability Mean Under NC Workers’ Comp Law?
In North Carolina workers’ comp law, permanent partial disability refers to a permanent impairment resulting from a workplace injury. It is a permanent impairment that does not meet the criteria for permanent, total disability.
What are permanent partial disability benefits in NC workers’ comp law?
If you have permanent impairment from a workplace injury, you may receive compensation. This monetary award is called permanent partial disability benefits.
While PPD benefits are cash payments, you can negotiate a lump sum settlement.
How Are PPD Benefits Calculated in Wilmington, NC?
The more severe your permanent impairment is, the greater your PPD benefit award in Wilmington, NC.
Factors used to calculate PPD benefits in Wilmington, NC include:
- Income before injury
- What body part or parts are impaired
- The extent of impairment, expressed as a percentage
The North Carolina Industrial Commission has published guidance for calculating PPD benefits.
A medical professional evaluates an impairment rating. They assign a rating. The rating is multiplied by 66 2/3% of the person’s average weekly wage to determine the weekly payment amount. Compensation is then paid for the number of weeks stated for the affected body part.
See Schedule of injuries, rates, and period of compensation.
How Is a PPD Rating Determined in North Carolina?
North Carolina provides physicians with guidance on making PPD ratings. This guidance is intended to ensure fair and consistent ratings.
The NC PPD rating guide provides detailed guidance by body part. For example, for the elbow, the doctor evaluates the range of motion, stiffness, and the need for joint replacement surgery. Based on these evaluations, the guide directs the physician to a degree of impairment rating for the injury.
This rating is applied to the person’s average weekly wage to determine the payment amount. It is paid for the number of weeks stated for the body part in the Schedule of Injuries. The total amount is the person’s compensation for permanent partial disability.
Note: It’s a bit more nuanced. There are some specific exceptions. For example, for loss of use of the back, any loss of 75% or greater is considered a total loss of use of the back. There is also a catch-all section for body parts not otherwise listed. For those claims, the person may claim reasonable and just permanent partial disability compensation not to exceed $20,000.
Who Assigns Your Disability Rating — and Can You Challenge It?
Usually, the doctor who treats you assigns your disability rating. If you don’t agree with your rating, you can challenge it. You can request a hearing before an NCIC official who can decide your entitlement to benefits.
To prepare your case, you’ll need a different doctor to say that your rating should be higher. Usually, this is done with an Independent Medical Examination (IME).
Independent Medical Examination (IME) for PPD rating
Under N.C.G.S. § 97-27(b), you have the right to demand a second medical examination regarding permanent disability. You may choose the physician. They must be licensed in North Carolina unless the parties stipulate otherwise. The employer must pay the doctor for the second opinion, just like they pay the doctor of their choice. The employee pays for travel expenses to take the exam.
Note: If you’re at an employer-required medical exam, you may have your own physician present at your expense. (See N.C.G.S. § 97-27).
Also from Horton & Mendez, Injury & Car Accident Attorneys: What Is an Injury Rating?
PPD vs. Permanent Total Disability: What’s the Difference?
If there’s a concept in Wilmington workers’ compensation law called permanent partial disability, then there must also be a concept called permanent total disability. There is, but it doesn’t mean receiving a 100% total loss rating for a specific body part. Permanent Total Disability (PTD) is a different but related part of NC workers’ compensation.
Permanent Total Disability applies only when the worker has a very serious, permanent, and life-changing injury. Most workplace injuries are not serious enough for PTD. PTD applies to paralysis, serious brain trauma, and loss of two or more limbs.
When PTD applies, the injured worker may be eligible for an exception to the 500-week Temporary Permanent Disability limit.
Our workers’ comp lawyers handle claims involving Permanent Partial Disability and Permanent Total Disability. Whatever your situation, our lawyers can assist you.
What Happens If Your Condition Worsens After a PPD Settlement?
Sometimes a medical condition can worsen unexpectedly. If you’ve already settled your PPD claim, what are your options?
It depends on the terms of your settlement.
If the settlement included a clincher agreement that fully released the claim, it would be difficult to reopen the case. You could have to prove fraud, misrepresentation, or mutual mistake. If there’s no clincher agreement, you may file to reopen your case if your medical condition gets worse.
In North Carolina, you have up to two years from your last payment to file for a change in condition. If the only benefits were medical, the injured worker has 12 months to file a change-in-condition claim.
(See N.C.G.S. § 97-47).
Can You Return to Work and Still Receive PPD Benefits in NC?
Yes. You can return to work and still receive PPD benefits in NC. PPD benefits do not depend on whether the person returns to former earnings.
How a Wilmington Workers’ Compensation Lawyer Can Fight for a Fair PPD Rating
A Wilmington workers’ compensation lawyer can represent you to fight for a PPD rating. They can build independent medical evidence. They can present the case at a hearing. Your attorney can represent you at mediation and in settlement negotiations.
Horton & Mendez, Injury & Car Accident Attorneys, is a team of Wilmington, NC, lawyers for permanent partial disability claims. If you’ve been injured at work, we invite you to contact us. Call or message us now.
