Understanding the NC Workers’ Compensation Settlement Chart: What You Need to Know

If you’ve been injured at work in North Carolina, you’ve likely heard about a “settlement chart” that supposedly tells you exactly how much your workers’ compensation case is worth. However, the reality is more complex than many injured workers realize.

The Truth About NC Workers’ Compensation Settlement Charts

Here’s an important fact that might surprise you: there isn’t a single “settlement chart” that provides exact dollar amounts for workers’ compensation settlements in North Carolina. Instead, settlements for injured NC workers are calculated based on several critical factors including:

• The severity and permanency of your injury
• Your pre-injury wages
• Whether you can return to work
• Future medical treatment needs

What Workers Often Confuse for a Settlement Chart

Many workers mistakenly think that NC General Statute § 97-31, which provides payment amounts for “scheduled injuries,” is a settlement chart. However, payment under the § 97-31 impairment chart does not close or fully settle your workers’ compensation claim.

This is a crucial distinction that can significantly impact your case. Accepting payment for a rating involves the release of important rights and should be carefully considered with legal guidance.

How NC Workers’ Compensation Impairment Ratings Work

Maximum Medical Improvement (MMI)

Before you can receive an impairment rating, your doctor must determine that you’ve reached Maximum Medical Improvement (MMI). This means your healing period is complete and your condition has stabilized.

The Impairment Rating Process

Once at MMI, your doctor will assess the permanent functional loss of your injured body part and assign an impairment rating as a percentage. For example, you might receive a 25% permanent loss of function rating for your arm.

Calculating Your Compensation

The formula for calculating compensation for partial loss of a scheduled body part is:

Impairment Rating Percentage × Weeks assigned to body part in NCGS § 97-31 = Number of weeks of compensation

Understanding Your Average Weekly Wage (AWW)

Your weekly workers’ compensation benefit amount is generally two-thirds (66.6%) of your average weekly wage (AWW) at the time of your injury. This includes your base pay, bonuses, and overtime earnings.

North Carolina sets state-mandated maximum and minimum weekly benefit amounts.

NC Workers’ Compensation Scheduled Injuries Chart

The following chart shows the compensation periods for complete loss of specific body parts under NC General Statute § 97-31:

Real-World Example Calculation

Let’s say you have a 25% impairment rating to your arm, and your average weekly wage was $900:

1. Arm compensation period: 240 weeks
2. Your impairment: 25% × 240 weeks = 60 weeks of compensation
3. Your weekly benefit: $900 × 2/3 = $600 per week
4. Total impairment payment: $600 × 60 weeks = $36,000

Important Considerations Before Accepting an Impairment Rating

This Isn’t Really a Settlement

Remember, NC General Statute § 97-31 pertains only to scheduled injuries and provides the basis for impairment ratings—it’s not a true workers’ compensation settlement. Whether accepting an impairment rating is right for your claim requires careful analysis of your specific situation.

When to Expect a Settlement Offer

Many injured workers wonder when they can expect a settlement offer from NC workers’ comp. The timing depends on various factors including the severity of your injury, your medical treatment progress, and your return-to-work status.

Rights That May Be Affected Or Lost

Accepting payment based on an impairment rating can affect or important rights, including:

• Future medical treatment related to your injury
• Additional compensation if your condition worsens
• Ongoing wage loss benefits

Why You Need Legal Representation

Workers’ compensation cases can be incredibly complex. Insurance companies have teams of lawyers working to minimize what they pay out. You deserve the same level of professional representation.

An experienced North Carolina workers’ compensation attorney can help you:

• Accurately calculate your potential settlement value
• Negotiate with the insurance company
• Understand your rights and options
• Determine if an impairment rating is appropriate for your case
• Handle disagreements about your impairment rating

Beyond Scheduled Injuries: Other Types of Compensation

It’s important to understand that the scheduled injury chart doesn’t cover all types of workers’ compensation benefits available in North Carolina. You may also be entitled to:

• Medical benefits: Coverage for all necessary medical treatment
• Temporary disability benefits: Compensation while you’re unable to work
• Permanent partial disability: For injuries not covered by the schedule
• Permanent total disability: If you cannot return to any gainful employment
• Vocational rehabilitation: Retraining for a new career if needed

What to Do If Your Employer Doesn’t Have Workers’ Comp Insurance

Not all employers in North Carolina are required to carry workers’ compensation insurance. If you discover your employer does not have workers’ comp, you still have legal options available.

Common Mistakes to Avoid

Don’t Rush Into Accepting an Impairment Rating

While it might be tempting to accept a quick payout, remember that you should carefully consider when to settle your NC workers’ comp claim. Once you accept certain payments, you may be giving up valuable rights.

Don’t Navigate This Alone

Workers’ compensation laws in North Carolina are complex and constantly evolving. What seems straightforward on paper can become complicated in practice.

Don’t Assume the Insurance Company Has Your Best Interests at Heart

Insurance companies are businesses focused on their bottom line. They may pressure you to accept a quick settlement that’s far less than what your case is actually worth.

The Bottom Line

While there’s no simple “settlement chart” that can tell you exactly what your North Carolina workers’ compensation case is worth, understanding how impairment ratings and scheduled injuries work is crucial for making informed decisions about your claim.

The most important step you can take is to consult with a qualified NC workers’ compensation attorney who can review the specific details of your case and help you understand all your options. Every case is unique, and what’s right for one injured worker may not be right for another.

Don’t let insurance companies pressure you into accepting less than you deserve. Your future financial security and medical care may depend on the decisions you make today.

For the most accurate and personalized information about your North Carolina workers’ compensation case, always consult with a qualified legal professional. The information in this article is for educational purposes only and should not be considered legal advice.