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North Carolina impairment rating and settlement question - Printable Version

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North Carolina impairment rating and settlement question - Joshlw - 03-27-2017

EI suffered a shoulder/ bicep injury at work that required surgery. I was out of work for roughly 8 months. I have been release and gone back to work with a 15% impairment rating. I was being paid the max compensation rate of $944 weekly while I was out. The insurance company sent a form offering 36 weeks at that a same compinsation rate of 944. 66 2/3 of my actual AWW Is roughly $1500. Should my settlement be based off $1500 or the $944 weekly. Also is the the 36 weeks a fair offer or is this settlement even negotiable. For the the record I'm still still I'm still having issues with shoulder!


RE: North Carolina impairment rating and settlement question - 1171 - 03-30-2017

Your average weekly wage is used to set your weekly disability rate. Comp does not reimburse your full wages.
If you have returned to work with no reduction in earrings, then you only option is the rating. You can try to negotiate a higher rating/ more weeks but without supporting medical evidence of greater permanent impairment they have no reason to offer more then the court would award if you challenged it.


RE: North Carolina impairment rating and settlement question - Joshlw - 03-30-2017

(03-30-2017, 11:43 AM)1171 Wrote: Your average weekly wage is used to set your weekly disability rate. Comp does not reimburse your full wages.
If you have returned to work with no reduction in earrings, then you only option is the rating. You can try to negotiate a higher rating/ more weeks but without supporting medical evidence of greater permanent impairment they have no reason to offer more then the court would award if you challenged it.

Yeah I understand that, but I guess my question is that should my AWW wage be capped at 944 per week for the settlement or what my AWW really is? I understand NC caps it for weekly compensation, but does that apply for settlement?


RE: North Carolina impairment rating and settlement question - 1171 - 03-30-2017

Yes, the AWW computation & maximum applies to both temporary and permanent disability payments/calculations.