If you’ve been injured at work in North Carolina, you’ve probably heard about the “workers’ comp settlement chart” and wondered what it means for your case. You’re not alone. This chart determines a significant part of your settlement, and understanding how it works is the first step toward ensuring you receive every dollar you’re owed. Workers’ compensation is a significant focus at Horton & Mendez, and our experienced Gastonia workers’ compensation lawyers help injured workers in Gastonia and throughout North Carolina navigate this process every day. Your consultation is free, and you don’t pay us unless we win.
What Is The NC Workers’ Comp Settlement Chart?
The workers’ comp settlement chart refers to the schedule of injuries found in N.C. Gen. Stat. § 97-31. It’s the state’s official system for assigning a dollar value to permanent injuries you suffer on the job.
The basic idea is straightforward. If, at the end of your healing period, there’s a permanent impairment to a listed body part, you may receive a set period of benefits. Your weekly compensation rate (equal to two-thirds of your average weekly wage, up to the applicable maximum) is multiplied by the number of weeks assigned to that body part.
The keyword is “permanent.” A doctor concludes you’ve reached Maximum Medical Improvement (MMI), meaning your condition has healed as much as possible with medical treatment. At that point, you may be placed on permanent partial disability status.
Your disability rating percentage is then applied to the total weeks for that body part. That’s your Permanent Partial Disability (PPD) payout.
Body Parts And Their Values Under The NC Schedule
Under N.C. Gen. Stat. § 97-31, each body part is assigned a specific number of weeks of compensation for total loss or total loss of use.
- Arm: 240 weeks
- Leg: 200 weeks
- Hand: 200 weeks
- Foot: 144 weeks
- Eye: 120 weeks
- Back: 300 weeks
- Thumb: 75 weeks
- Index finger: 45 weeks
- Great toe: 35 weeks
For partial loss or partial loss of use, compensation is proportionate to total loss. So if a doctor gives you a 20% impairment rating to your back (worth 300 weeks at total loss), you’d receive 60 weeks of compensation at your weekly rate.
Here’s an example. If your average weekly wage is $900, your compensation rate would be two-thirds of that, or $600 per week. A 20% back rating would equal 60 weeks × $600 = $36,000 in PPD benefits. A 10% rating to the same back would cut that in half.
That’s why your rating percentage matters so much.
How Disability Ratings Are Assigned
Under the North Carolina workers’ compensation law, a physician rates injuries based on the percentage of impairment of the affected body part. The NC Industrial Commission (NCIC) then applies this percentage to the scheduled value of that body part and gives an award accordingly.
The NCIC publishes a Rating Guide that physicians use as a reference. The guide is intended only as a basic outline for physicians conducting rating examinations because, in many cases, intangible factors, such as pain, weakness, and dexterity, must be considered.
For back injuries, the guide provides ranges based on severity. For example, ratings can range from 0% for a fully recovered episode of back pain to 25-30% for post-surgical spinal fusion cases with ongoing symptoms.
Here’s what many injured workers don’t know. If you’re dissatisfied with the treating physician’s rating, you’re entitled to a second opinion by a doctor of your choice at the employer’s expense. This right is critical because initial ratings from the insurance company’s doctor are often lower than what your injury warrants.
Need help understanding your rating or getting a second opinion? Call Horton & Mendez at 910-405-7751 for a free consultation.
What Affects Your Settlement Beyond The Chart
The workers’ comp settlement chart is a starting point. Several factors can push your actual settlement well above (or below) the basic PPD calculation.
Severity and future medical needs. If your injury requires ongoing treatment, future surgeries, or long-term medication, those costs factor into a comprehensive settlement. The chart doesn’t account for these on its own.
Your ability to return to work. If your injury leaves you with permanent restrictions that prevent you from returning to your previous job (or any job), your case may be worth significantly more than the chart’s base number.
Multiple body parts. Injuries that affect more than one body part can result in separate ratings for each part, increasing the total compensation.
Wage loss impact. If you can only return to lighter-duty, lower-paying work, the difference in your earning capacity matters.
Lump Sum Vs. Structured Settlements
In North Carolina, PPD benefits can be paid in weekly installments or as a lump sum through what’s called a Compromise Settlement Agreement (sometimes called a “clincher”). A Form 26A agreement may be entered into after the healing period to provide for payment of PPD benefits based on a doctor’s rating.
A clincher is a full and final settlement, meaning you receive a lump sum but typically give up the right to reopen your claim for additional benefits. Whether a lump sum or structured payments make more sense depends on your financial situation, your ongoing medical needs, and the strength of your case. This is a decision you shouldn’t make without legal guidance.
How Insurance Companies Use The Chart To Lowball You
This is where our managing partners’ background as former insurance defense attorneys gives you a real advantage. We know their playbook.
Insurance companies love the settlement chart because it gives them a floor to offer you the absolute minimum. Their typical strategy is to have the company doctor assign the lowest defensible rating, calculate the bare PPD amount, and present it as your only option. They won’t tell you about your right to a second opinion. They won’t factor in your future medical needs, lost earning capacity, or the full impact of your injury on your life.
We’ve seen it happen over and over. An injured worker with a serious back injury receives a 5% rating from the insurance company’s physician, even though the injury clearly warrants a rating of 15% or more. That difference can mean tens of thousands of dollars.
When You Need A Gastonia Workers’ Comp Lawyer
If you’ve received a disability rating and you’re not sure it’s fair, or if the insurance company is pressuring you to accept a settlement, it’s time to talk to a lawyer. Here are signs you need help.
- Your rating seems low compared to how your injury actually affects you.
- The insurance company is pushing you to settle quickly.
- You cannot return to your previous job because of your injury.
- You have ongoing medical needs that aren’t being addressed.
- Your claim was denied, or your benefits were cut off.
At Horton & Mendez, Injury & Car Accident Attorneys, our team has 65+ years of combined experience. Our managing partners are former insurance defense lawyers who know exactly how insurers evaluate claims and try to minimize payouts. Now we use that knowledge to fight for injured workers like you.
We’re right here in Gastonia at 219 West Main Ave. Suite 9, with offices across North Carolina.
Call 910-405-7751 today for a free consultation. You don’t pay us a dime unless we recover benefits for you.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
