Workers compensation advice
Trying to get some questions answered regarding workers compensation settlement requirements.
Our daughter was injured at work and required shoulder and bicep surgery. The doctor estimated that She will be unable to return to full duty for 5-6 months. Workers compensation is paying her medical bills and a portion of her salary during the recovery period. The doctor is cautiously optimistic that she will regain close to 100% of her strength and range of motion. What are the conditions that must be met in order to create worker’s compensation settlement ? Is it a certain percentage of loss of function, proving negligence by the employer, or something else. I am trying to do my research to be prepared if she does not completely recover, hopefully all will go well and this will be a non issue. Thanks for any help that can be provided
3 Replies
3mo
For example in NC, a doctor makes a subjective decision on permanent impairment after worker achieves maximum medical improvement. - say 5% of the injured part. The statute has a schedule of “values” for each body part which is equal to max # of weeks of compensation. So an arm = 240 weeks. 5% of 240 is 12 weeks of compensation at her comp rate (2/3 of average weekly wages) If you don’t agree with rating you can request a second opinion. Typically non-surgical injuries are not rated but that isn’t always true. Daughter just needs to plead with the treating physician that she still has pain or limited range of motion or brings up future medical treatment in case it flares up (maybe a steroid injection is needed in the future). In NC you have 2 years after the last medical/indemnity paid to reopen the claim due to change or worsening of condition.
** Edited by HOKIE at 4/23/2026, 5:15:40 PM
(In response to this post by Vtgolfnut)
3mo
We live in Virginia, no idea how different the WC laws are compared to NC.
Wanted to make sure that I understand the example you provided. If the doctor determines that she has a 5% loss of use due to limited range of motion or long term pain then that percentage is applied to max weeks for the injured body part to determine how many additional weeks of pay 2/3 pay she is eligible to receive. Does this occur after she completes rehab and is considered ready to resume full duty work?
What determines how long she receives her reduced pay during her rehab period? Is there any advantage to getting a lawyer who specializes in WC involved?
(In response to this post by HOKIE)
3mo
But unless the employer is acting nefariously I wouldn’t lawyer up for them to take 20%. As long as she is receiving her benefit and the employer is planning on returning her to her original job then all is well. A good sign is if they offer her modified duty to accommodate the work restrictions as she progresses. The doctor determines the recovery period (based on the response to treatment) and when she reaches max medical improvement (MMI) - meaning that is the best she is gonna get under their treatment/PT. She then returns to work and the temp disability stops. Permanent impairment rating would come after MMI is reached. Good luck and hope it’s a quick recovery and as good as new!
(In response to this post by Vtgolfnut)