Permanent Disability Benefits

Understanding Permanent Disability Benefits Under North Carolina Workers’ Compensation Law

Some workplace injuries heal with time and treatment, allowing an employee to return to work without lasting limitations. Other injuries result in permanent physical impairment, ongoing medical problems, or lasting restrictions that affect a person’s ability to earn a living. When a workplace injury causes permanent damage, an injured worker may be entitled to permanent disability benefits under North Carolina workers’ compensation law.

At The Moore Law Firm, George Moore represents injured workers throughout Asheville and Western North Carolina in workers’ compensation claims involving serious injuries, permanent impairment, and disability benefits. Understanding how permanent disability benefits are evaluated can be an important part of protecting your rights following a workplace injury.

What Is a Permanent Disability?

A permanent disability generally refers to a lasting impairment that remains after an injured worker reaches maximum medical improvement. Maximum medical improvement, often referred to as MMI, is the point at which a physician determines that additional treatment is unlikely to produce significant improvement in the worker’s condition.

Reaching maximum medical improvement does not necessarily mean a person has fully recovered. Instead, it means the injury has stabilized and any remaining impairment may be considered permanent.

Permanent disabilities may arise from injuries involving:

• The back, neck, or spine
• Knees, shoulders, and other joints
• Traumatic brain injuries
• Amputations
• Severe fractures
• Nerve damage
• Occupational illnesses

The nature and severity of the injury often influence how permanent disability benefits are evaluated.

Permanent Partial Disability and Permanent Total Disability

North Carolina workers’ compensation law recognizes different types of permanent disability benefits.

Some workers experience permanent impairment but remain capable of performing some form of employment. Others may suffer injuries that significantly limit or eliminate their ability to work altogether.

The law provides various methods for evaluating permanent disability depending on the injured body part, the severity of the impairment, the worker’s wage history, and the impact of the injury on future earning capacity.

Because disability determinations can be complex, the appropriate benefit calculation often depends on the specific facts of the claim.

The Importance of Impairment Ratings

After reaching maximum medical improvement, a treating physician may assign a permanent impairment rating. This rating reflects the degree of permanent loss associated with a particular body part or condition.

While impairment ratings often play an important role in determining benefits, they are not always the only factor that matters. In some situations, broader issues involving wage loss, future employability, and ongoing limitations may also affect the benefits available to an injured worker.

Understanding how impairment ratings interact with other aspects of a workers’ compensation claim is often an important part of evaluating potential recovery.

Permanent Disability Does Not Always Mean Complete Inability to Work

One of the most common misconceptions surrounding workers’ compensation claims is that a permanent disability automatically means a worker can never return to employment.

In reality, many workers who receive permanent disability benefits continue working in some capacity. The focus is often on the extent of the lasting impairment and how the injury affects earning ability, rather than whether a worker is completely unable to perform any job.

For workers with serious injuries, the impact on future employment opportunities may become an important issue when evaluating permanent disability benefits.

Protecting Your Long-Term Interests

Permanent disability benefits are often among the most significant benefits available in a workers’ compensation claim. Because these benefits may affect an injured worker’s financial future long after medical treatment has ended, careful evaluation of medical evidence, impairment ratings, and work restrictions can be important.

Understanding the long-term consequences of a workplace injury may help workers make informed decisions regarding their claims and future employment options.