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Thread: Head Injuries

  1. #1
    Join Date
    May 2011
    Posts
    25

    Default Head Injuries

    Hypothetically speaking, let's say a person had a brain injury and got a 10% permanent dis rating. What would WC owe them if:
    A. They continued on their job
    B. they couldn't do their old job and had to find a new one. Assuming max rate of WC weekly.


    Thanks!

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,050

    Default Re: Head Injuries

    Brain injuries are not scheduled in GS 97-31 so the 10% does not mean anything. Under the catch-all, 97-31(24), a brain injury is worth no more than $20,000, and if the person has returned to work, it will not be that much. This is how the insurance company will want to compensate you, because they have no obligation to tell you that you could get a lot more, and that you get to make the choice--not them.
    BUT it is not that simple:
    If a person has returned to work and is making less money due to the injury, then compensation can be paid under GS 97-30 for loss of earning capacity. This is often a lot more than the $20,000. For injuries occurring before 6-24-11 it is limited to 300 weeks from the injury date. For injuries on or after that date, the worker is limited to a total of 500 weeks of benefits.

    For injuries occurring before 6-24-11, if a person cannot return to work at all due to the injury, he gets TTD payments every week until he can return to work or until he dies of old age if he can never return to work. For injuries on or after that date, the limit is 500 weeks but after 420 weeks you can go to court to prove you are a lifetime case and can get it extended. GS 97-29
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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