A serious accident at work can change your life forever. When a job injury leaves you with a permanent disability, you face not only physical recovery but also the challenging reality of lost income and massive medical bills. You may be wondering how you will provide for your family or if you can ever return to work. In North Carolina, you have specific rights under the Workers' Compensation system designed to provide financial relief and stability when a permanent injury occurs. Understanding these rights is the first step toward securing your future.
If you have been seriously injured on the job in North Carolina and face a permanent disability, don't wait to understand your rights and options.
Take action now to protect your financial stability and future. Contact our dedicated team at Pittman Agner for a private conversation about your claim, or call us directly at (919) 893-0090.
Permanent Disability in Workers' Compensation
When a worker is injured, the Workers' Compensation system steps in to cover medical expenses and lost wages during the recovery period. However, when an injury is so severe that a worker will never fully recover, it is classified as a permanent disability.
This is a key difference from a temporary injury. A permanent disability means that, even after reaching Maximum Medical Improvement (MMI)—the point where your condition won't get better—you still have lasting impairment. For many North Carolinians, particularly those who rely on physical labor, this news can be devastating.
The two main types of permanent benefits you may be eligible for are:
- Permanent Partial Disability (PPD): This benefit is paid when you have a permanent impairment to a specific body part (like an arm, leg, hand, or foot), but you are still able to work in some capacity. This calculation is based on a schedule of compensation for different body parts.
- Permanent Total Disability (PTD): This benefit is available to workers whose permanent injury renders them unable to return to any gainful employment. PTD provides weekly checks for the rest of the worker's life.
The Dedicated Path to Permanent Disability Benefits
Securing permanent disability benefits requires a dedicated approach. Insurance companies don't simply offer these benefits; you and your attorney must prove that your injury meets specific criteria.
Here is a simplified look at the process for obtaining Permanent Partial Disability (PPD) benefits:
- Reaching MMI: You must complete medical treatment and reach MMI, confirming that your medical condition is not expected to improve further.
- Impairment Rating: Your authorized doctor assigns an impairment rating, which is a percentage that reflects the permanent damage to your injured body part. This percentage is key, as it is used to calculate your PPD check.
- Calculation and Payment: The PPD payment is calculated using your impairment rating, a specific number of weeks set by North Carolina law for that body part, and your compensation rate.
- Acceptance: The insurance company will present you with an offer based on this rating. Do not accept any settlement or sign any papers without consulting a legal professional first.
Proving Permanent Total Disability (PTD)
If your injury is so severe that you cannot return to work, proving Permanent Total Disability (PTD) requires a more tenacious effort. PTD benefits provide you with two-thirds of your average weekly wage for the rest of your life.
To prove PTD, your attorney must clearly show that you meet one of these conditions:
- You have lost two or more major body parts (like both hands, both feet, or one of each).
- You have suffered a severe brain injury, paralysis, or incurable insanity.
- Your injury is to the back or other body part and has left you unable to earn any wages.
- You are age 65 or older and have a permanent injury that prevents you from earning any wages.
Proving that a permanent injury prevents any gainful employment takes a collaborative effort, often involving doctors, vocational experts, and economists. Our firm works together to gather and present this extensive evidence.
Protecting Your Rights
Many injured workers in Greensboro are unsure about their rights and often believe common myths about the system.
You do not have to sue your employer to get permanent benefits. Workers' Compensation Lawyers in Greensboro is a no-fault insurance system that pays benefits regardless of who caused the accident.
You have the right to get a second medical opinion. Our team often challenges the doctor's impairment rating if we believe it is too low and doesn't accurately reflect your permanent limitations.
Once you settle a PPD claim for a lump sum, it often closes out your right to PTD benefits in the future. It is critical to know what you are giving up before you sign.
How Our Collaborative Firm Can Help
Dealing with a permanent disability is stressful enough without also fighting a major insurance company. The North Carolina Workers' Compensation system is designed to be tenacious—it protects your employer's insurance company, not your best interests.
At Pittman Agner, our collaborative team approaches your permanent disability claim with extreme care and focus. We are committed to:
- Reviewing your medical records to ensure your MMI and impairment ratings are accurate and complete.
- Challenging low impairment ratings or working to prove that your injury has left you totally disabled.
- Negotiating firmly with the insurance company to maximize your PPD payment or secure lifetime PTD benefits.
- Identifying all sources of compensation you are entitled to, beyond just weekly checks.
Securing the maximum compensation for a permanent disability is not something you should attempt on your own. It requires a dedicated legal team that understands all the subtle rules and strict deadlines.
If you have suffered a permanent, disabling workplace injury, protect your rights and your future. For more information on securing benefits for your injury, please visit our service page.
Contact Pittman Agner today for a conversation about your claim and how our team can help you find stability. Call us at (919) 893-0090.