Workers' Compensation

Under the Workers' Compensation Act there is a conclusive presumption that certain injuries are disabling without a showing of reduced earning capacity. These are called scheduled injuries.

If the injury is one of those listed in N.C. Gen. Stat. 97-31 the employee will receive workers' compensation benefits during the period of healing as well as additional compensation for a specified number of weeks as listed in the statute. These benefits are exclusive. If an employee elects to receive benefits under the Scheduled Injury portion of the North Carolina Workers' Compensation Act he cannot receive additional benefits. The employee, however, has the right to choose whether to receive benefits under the general workers' compensation provisions, or under the scheduled injury chapter.

For example: An employee loses his leg in a workplace injury. During the entire healing process he receives workers compensation benefits. He is released from the hospital and requires not further treatment and can return to work receiving the same wage he received prior to the accident. Under the scheduled injuries chapter of the worker's compensation act the employee is still entitled to 200 weeks of benefits, irrespective of his disability rating.

If an employee loses partial use of a limb listed under the scheduled injuries section of the statute they are entitled to benefits commensurate with the percentage of use of that limb that was lost. For example, if the employee from the above example lost 50% of the use of his leg he would be entitled to 100 weeks of benefits, instead of 200.

To discuss your North Carolina Workers' Compensation claim with a lawyer, call Everett Law Firm, P.A. at 919-942-8002.