A key aspect of a workers’ compensation claim is to determine the severity and scope of the injury to assess whether the worker will be paid partial or total injury benefits as well as permanent or temporary injury benefits. This is a complicated process that involves a thorough examination of the employee’s work history, physical assessment, and other factors. As seasoned North Carolina work injury lawyers, we can help you ensure that you receive the amount of benefit payments that you deserve.
In a recent case, the North Carolina appellate court discussed the process for assessing whether a worker has sufficiently proven that he or she lost wages as a result of the work injury. The plaintiff owned a stump grinding business and fell while he was working in October 2012. He was diagnosed with a rupture to his quadriceps and required surgery. He had a second rupture in February 2013 that also required surgery.
Eventually, the plaintiff’s doctor concluded that he’d reached maximum medical improvement and that he had a 15% permanent partial disability in his left knee. A second opinion from another doctor concluded that it was a 20% permanent partial disability. An independent medical examiner concluded that the plaintiff could continue working in the same capacity.