Seeking Workers’ Compensation for a Permanent Injury
A workplace injury left you with a lasting injury or a permanent limitation. Now what? If you can’t keep doing your job, how will pay your bills? Will the company find some kind of work that you can do, or will you have to find a new job? If you can’t go back to work at all, should you pay for COBRA? Will workers’ compensation provide you with payment for your permanent injury, impairment or disability?
An experienced attorney at the Ramsay Law Firm can answer your questions and offer you sound legal guidance in seeking the compensation you need after a disabling workplace injury. Contact us today for a free consultation.
How Does Workers’ Compensation Define Disability?
From scars to amputation or paralysis, different injuries may have different levels of disability. Under the Workers’ Compensation Act, disability is based on earning ability. Disability can be established one of four ways in a workers’ compensation claim:
- Medical evidence that the worker is incapable of work in any employment
- Evidence that the worker is capable of some work and has made a reasonable effort to locate work, without success
- Evidence that the worker is capable of some work, but it would be futile to look for employment, given pre-existing conditions, age, inexperience or lack of education
- Evidence that the worker has obtained other employment at a reduced wage
If you can go back to your old job, workers’ compensation may pay you based on your impairment rating (the percentage loss of use you have suffered as a result of your injury). If you can only return to a lower paying job, workers’ compensation may make up the difference between what you were paid in your old position and what you will be paid now.
If you cannot return to your pre-injury pay, you can file a lost wage claim. This may provide you with compensation for 300 weeks. If you suffer long-term or total permanent disability, you may be entitled to permanent disability benefits.
The burden of proof in disability and permanent impairment cases lies with you. That means you will need to provide evidence to the Industrial Commission that you are unable to work as a result of an accident or occupational disease. The help of an experienced workers’ compensation lawyer is essential in helping you gather all necessary documentation to prove your case.
Contact Us Today
Call the Ramsay Law Firm in Charlotte today at 704-376-1616 or toll-free from anywhere in North Carolina at 877-576-5500 to discuss your case with an experienced workers’ compensation attorney. You can also contact us by e-mail to schedule an appointment. Your consultation will be informative and free.