Raleigh Permanent Disability Lawyers
Sometimes a severe accident can leave a worker with life-long medical complications. If this has happened to you, you may be entitled to compensation beyond your initial medical bills. This compensation is meant to help you and your family cope with your reduced earning capabilities.
Raleigh permanent disability lawyers Scudder Seguin, PLLC, are prepared to help workers with their permanent disability claims. We can inform you of your rights and make sure you get the full compensation allowed for your circumstances. Contact our offices at (919) 851-3311.
We can help you with:
- Permanent Disability Claims Filing Assistance
- Permanent Disability Appeals
- Permanent Disability Litigation
Permanent Partial Disability
If your injury has caused you to lose some or all of the functioning in one body part, you can receive compensation for the effect this will have on your wages. The typical compensation is 2/3 of your average wages, within certain minimum and maximum amounts. The length of time you will receive payments is determined by the body part injured and the extent of the damage.
The level of damage done will be determined by your doctor. He or she will determine a percentage of functioning that you have lost. For example, he or she may determine that you still have 50% functioning in your injured hand. Since a total injury (100% loss of functioning) would entitle you to compensation for 200 weeks, a 50% injury entitles you to 100 weeks of compensation.
Different body parts have different lengths of compensation: an eye is 100 weeks, while a thumb is 75 weeks. A Raleigh workers’ compensation lawyer can provide further details about your specific case.
Permanent Total Disability and Disfigurement
If you have lost functioning in both of your eyes, hands, feet, arms, or legs, or a combination of any two of these body parts, you may receive total disability compensation. This typically includes medical expenses and 2/3 of your wages for the rest of your life.
The law defines “disfigurement” as severe scars on the head or face, or permanent damage to an important bodily organ. If you have suffered one of these injuries, you could receive $10,000 – $20,000 as compensation.
To discuss your case with an experienced Raleigh workers’ compensation attorney, contact the offices of Scudder Seguin, PLLC at (919) 851-3311.
Raleigh Permanent Disability FAQs
How are different levels of disability classified under North Carolina workers’ compensation law?
Under North Carolina workers’ compensation law, there are three different “periods” of disability: temporary total disability, temporary partial disability, and permanent disability. Temporary total disability refers to the period in which the injured person is completely unable to work and during which time they receive medical treatment for their injuries. Temporary partial disability refers to the period of recovery in which enough improvement has occurred so that the injured person can begin some form of employment again. Permanent disability refers to the complete damage or loss of functioning of some part of the body after medical treatment has done all it can do to improve the state of disability.
What is the difference between permanent disability and permanent physical impairment?
The Disability Committee of the American Medical Association (AMA) makes a distinction between the definitions of permanent disability and permanent physical impairment. According to the AMA, the definition of permanent disability is not “purely a medical condition,” but instead refers to a person’s “actual or presumed ability to engage in gainful activity” that is “reduced or absent because of ‘impairment’” with no improvement or “marked change” expected in the future. On the other hand, physical impairment is “purely a medical condition” and refers to “any anatomical or functional abnormality” “after maximum medical rehabilitation has been achieved” and which a “physician considers stable or non-progressive.”
Are there any other ways I can obtain benefits for my permanent long-term disability?
If you are permanently disabled, meaning that you cannot return to work, you may be able to additionally apply for Social Security Disability Insurance (SSDI) benefits after you have been disabled for at least six months. If approved, your SSDI benefit amount will be determined by your average lifetime earnings before the onset of your disability. These benefits will continue as long as you are unable to work and can potentially last until retirement age, at which point your benefits will become retirement benefits instead. The SSA will review your case periodically to determine if you are still unable to return to work, and the frequency of these reviews will depend on the likelihood of your medical improvement.