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  1. #1
    Join Date
    Feb 2013

    Default Permanent Scarring From a Toe Injury

    So i was injured in work accident, in which my right great toe was crushed, which left me with a open fracture. After alot of time healing, there is some scarring, and the toe nail is very disfigured and will not grow more than half its original length. I am just wondering how much I should expect to receive as a permanent scarring settlement?
    Thank you

  2. #2
    Join Date
    Feb 2007

    Default Re: Permanent Scarring - Toe

    (xi) For the loss by severance of one phalange of the big toe on either foot, for a period of twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, for a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any other toe than the big toe, for a period of ten (10) weeks for each such toe;

    (xii) For partial loss by severance for any of the injuries specified in paragraphs (1)(i) – (1)(xi) of this subsection, proportionate benefits shall be paid for the period of time that the partial loss by severance bears to the total loss by severance.

    (i) For permanent disfigurement of the body the number of weeks may not exceed five hundred (500) weeks, which sum shall be payable in a one time payment within fourteen (14) days of the entry of a decree, order, or agreement of the parties in addition to all other sums under this section wherever it is applicable.
    You need to discuss your options with your attorney.

  3. #3
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Permanent Scarring - Toe

    If the law on scarring in your state is anything like it is in mine, I would say that you will get very little for scarring. Most scarring awards are based on whether the scar or disfigurement is likely to affect your ability to work. Scarring on the toe is unlikely to affect your work ability unless you are a dancer, or you cannot wear work shoes due to the scarring (as opposed to the underlying injury).

    Talk to a local workers' compensation lawyer to get a better idea of what kind of compensation may be available to you.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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