A Wilmington workers’ comp ankle injury settlement may be calculated based on 66 2/3% of the person’s average weekly wages for 144 weeks, multiplied by the impairment rating. Other factors, such as what precisely is included in the settlement, may impact the appropriate settlement for a workers’ comp ankle injury claim.
The experienced Wilmington workers’ compensation lawyers at Horton & Mendez Injury Attorneys explain workers’ comp ankle injury settlements and what you need to know.
Common Workplace Accidents That Cause Ankle Injuries
- Falling—resulting in unusual twisting and turning while trying to shield the fall
- Crushing injury—when the ankle is crushed by another object or stuck between objects
- Fires and electrical accidents—causing falls, lacerations, and burns
- Lifting and twisting—too heavy of a load, overexertion, or with improper technique
- Repetitive strain—injury from repeated tasks
- Exposure to sharp objects—resulting in lacerations and acute injury
- Car accidents—causing injury from blunt force trauma and sudden deceleration
Types of Ankle Injuries Covered by Workers’ Compensation
Fractures
The ankle is made up of several bones—the talus, calcaneus, fibula (lateral malleolus), and tibia (medial malleolus). These bones can fracture due to a workplace injury. Treatment may require surgery to reconstruct their normal shape and restore mobility.
Achilles tendon rupture
The Achilles tendon is the band of tissue connecting the lower leg muscles and the heel bone. If this fibrous cord is overstretched, it can rupture. An Achilles tendon rupture usually impairs walking and movement of the ankle. Surgery may be required.
Sprains and strains, ligament tears
The ankle is a complex network of bones, ligaments, and tendons. The lateral ligament complex and the deltoid ligament connect bones and provide stability. The syndesmotic tendons connect the tibia and fibula. In addition to the Achilles tendon, the anterior and posterior tibial tendons allow for ankle movement. Strains and tears can prevent comfortable movement and can be slow to heal.
Burns and lacerations
The ankle can be cut or injured by a burn, resulting in skin and internal tissue damage.
Crushing injury
An ankle may be damaged by a crushing injury. The bones and soft tissue may be affected, and nerve damage may impair normal feeling and movement.
Chronic ankle conditions and instability
Ankle conditions like tendonitis, osteochondritis defects (damage to the cartilage and bone), and scar tissue can make the ankle unstable. This weakening of the ankle can be the result of overuse or significant strain in the workplace.
How Settlement Amounts Are Calculated for Ankle Injuries
Settlement amounts are calculated for ankle injuries based on the overall award due to the injured person under Wilmington, NC, workers’ compensation law. Calculations may vary, depending on what is included and the extent of the loss in each category. The person’s average weekly wage before injury is a factor in the calculation.
In some cases, a worker with an ankle injury should agree to a lump-sum payment, waiving the right to future benefits. In other cases, it’s best to continue the right to medical care, especially when future medical care may be significant. The difference in how you receive the settlement can significantly impact the appropriate settlement amount.
Disputing medical care required
A common issue in ankle injury at work compensation cases is the appropriate medical care. Too often, the injured worker needs surgery, but the workers’ comp doctor approves a minimal amount of physical therapy. The employer chooses the treating doctor, so it’s not surprising that they would try to minimize the amount of care. A workers’ comp ankle surgery settlement can address the need for surgery.
If you disagree with your doctor about surgery or other care, you can petition the North Carolina Industrial Commission. You can ask for a second opinion or to change doctors.
A lawyer can help you file the petition and represent you in this process.
Maximum medical improvement
Another commonly disputed issue for Wilmington workers’ comp ankle injuries is maximum medical improvement (MMI). MMI is a term in workers’ compensation law with an important meaning. A worker’s injury has reached MMI when further medical care is unlikely to yield significant medical improvements.
Ankle injuries are often uncertain. Instability created by an initial injury can be ongoing.
The employer may be in a hurry to declare a person at MMI and resolve the case. But an attorney can help you evaluate when you are ready to move forward with your settlement.
Impairment rating
A settlement for Wilmington workers’ compensation ankle injury is based on the impairment rating of the ankle. How badly is the ankle permanently impaired? Once medical treatment is finished, how much residual loss of use remains?
The answer can make a significant difference in the appropriate settlement. An ankle injury may be considered a loss of the foot or the leg, so how it is classified and rated will factor into a settlement. Medical information may also be especially important.
What To Expect During the Claims Process
During the claims process for a workers’ comp ankle injury, expect to continue to attend your medical care appointments. Follow medical instructions. Work with your attorney to evaluate the care you receive and whether it is sufficient. You may need to request hearings and provide additional information.
Evaluate your weekly wage determination, lost work, impairment rating, and anything else that may impact the value of your claim.
Can You Receive a Lump Sum for an Ankle Injury?
Yes, it is possible to receive a lump sum for an ankle injury. A clincher agreement fully resolves your case.
What To Do If Your Ankle Injury Claim Is Denied
If your ankle injury claim is denied, you have a limited amount of time to contest the decision. You must file a request for a hearing.
Review the reasons given, and prepare to address the issues. You may have representation from a Wilmington workers’ compensation attorney.
Contact an Experienced Wilmington Workers’ Compensation Lawyer
If you have a workers’ compensation ankle injury claim, you can have a lawyer represent you. Horton & Mendez Injury Attorneys handles ankle injury workers’ comp claims. Call or message us now.
