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Crushed foot and WC? North Carolina

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  • Crushed foot and WC? North Carolina

    Ok I know this is a question with a lot of different variables but I know there is a way that they figure your payout for a settlement, I am just trying to get an idea of how it is calculated. I work in NC and to make a long story short I crushed my heel between a storage rack and a forklift, it broke the heel bone off and disintegrated a lot of it, I have screws holding it together and the surgeon told me I couldnt walk on for for about 4-6 months. There are a lot of variables but the company has already stated that the racks were not installed properly which was one factor in my accident, someone left something hanging out of the rack "3000lb basket which grabbed my foot" and the clearance between the two racks and the length of the forklift, there was only 6" of clearance in IDEAL conditions.

  • #2
    You should be talking to an attorney about this claim. Message board is not a good substitute for specific questions such as yours.

    There is a FAQ for IW's here http://www.ic.nc.gov/faqs.html#claims that will also help with some of your questions.

    Once your Dr has determined you have reached a stable condition, MMI/Max Medical Improvement... your condition will be rated for impairment.
    What is permanent partial disability?
    Total loss or partial loss of use of a member of the body or inability to earn the same wages in any employment as earned at the time of injury..

    Who determines permanent partial disability?
    The Commission, based on the impairment ratings of physicians or evidence of consideration of wage earning capacity.
    The rating is used to calculate the predetermined indemnity you would be due as a result of the PPD from your injury.

    the company has already stated that the racks were not installed properly which was one factor in my accident,
    There may be a 3rd party action here. Depending on who did the initial installation of the equipment.
    If that is the case, there would/could be additional benefits you are eligible for. And, the ER/IC is entitled to subrogation rights, reimbursement of any benefits they have paid in your claim.
    What should I send in with a request for an Order distributing a third party recovery?*
    Copy of a document reflecting the third party settlement amount
    Statement from the workers’ compensation carrier regarding the lien (either the full amount or the amount the carrier is accepting in satisfaction of the lien)
    Plaintiff’s attorney’s fee contract
    Plaintiff’s attorney’s itemized list of case expenses
    Proposed Order
    *See N.C. Gen. Stat. § 97-10.2 for further details on the distribution of third party recoveries.
    There is no money in WC for pain and suffering, but there can be in a PI/Personal Injury 3rd party claim.
    There is no money in WC for punitive damages, but there can be in a PI claim.
    There is no money in WC for future lost wage (as a rule, though you could be eligible for wage differential) But there can be past/future lost wages in a PI claim.

    I know there is a way that they figure your payout for a settlement, I am just trying to get an idea of how it is calculated
    NC uses the AMA guides to rating disability...
    And, you're right, there is a formula...though not generally IW user friendly...
    Ankle and Foot—Percentage Impairment of "Foot" (Leg below the Knee)
    Ankylosis of ankle in favorable position (10 to 15 degrees equinus) with normal motion of foot = 40%
    Ankylosis of foot (subtalar) in optimum position with normal ankle motion = 25%
    Ankylosis in less favorable position up to = 90%
    Ankylosis of foot and ankle (pantalar arthrodesis) in favorable position (10 or 15 degrees equinus) in neutral position of foot = 60%
    Ankylosis of any toe = 50% impairment of the toe
    Limitation of motion of ankle
    Motion between 90 degrees and 120 degrees = 10%
    Motion between 100 degrees and 115 degrees = 25%
    Motion between 105 degrees and 110 degrees = 50%
    Limitation of motion of foot
    Motion of inversion of 20 degrees to eversion of 20 degrees = 10%
    Motion of inversion of 10 degrees to eversion of 10 degrees = 20%
    Motion of inversion of 5 degrees to eversion of 5 degrees = 40%
    Fixed varus position = up to 90%
    Ankylosis of subtalar joint = 25%
    Triple arthordesis of foot = 30%
    Displaced tarsal fractures considered as having a minimum of 5% impairment of the foot with optimum reduction. In the case of this portion of the foot, impairment is determined mainly upon the general position of the longitudinal arch and/or weight bearing position of the metatarsal heads with respect to the transverse arch rather than by evaluation of motion of the adjacent joints.
    For a scheduled injury to the foot, you are eligible for up to 144 weeks indemnity payments.
    Total loss of use of the part entitles the employee to two-thirds (2/3) of his average weekly wage, times the number of weeks shown following the body part below. Benefits for less than total loss are figured on a percentage basis. For example, twenty percent (20%) of 45 weeks’ compensation is nine (9) weeks. Alternatively, in cases where the employee has a permanent impairment to one of the parts of the body listed below and is unable to earn wages as great as before the injury, the employee may choose to receive benefits for two-thirds (2/3) of the wage difference for a period not to exceed 300 weeks from the date of injury rather than receiving benefits for a set period based on the permanent impairment. The 300-week period, however, will be reduced by the number of weeks Temporary Total Disability Compensation was paid.
    Take your PPD rating, X 144 weeks, X's your TTD rate. That should give you a fairly close guestimate of your award.
    Or, you could take the alternative arrangement, but any TTD you have received would be deducted, per the explanation above.
    More on Permanent Disability benefits is here http://www.ic.nc.gov/ncic/pages/ratinggd.htm

    Comment


    • #3
      valuation of foot injury

      NC does not use the AMA guidelines but uses something similar called the NC Guidelines.

      But the value of your case may depend on whether you can return to work or not, and if so how much you earn in the new job. You get to elect the most lucrative benefits. Injuries like yours can be worth a whole lot more than the rating depending on what kind of work you can do.

      You need to talk to a Board Certified Specialist in Workers' Compensation Law to help you evaluate your claim. Trying to do this without competent legal advice will not maximize your outcome.
      Bob Bollinger, Attorney
      Board Certified Specialist in NC Workers' Compensation Law
      Charlotte, NC

      Comment


      • #4
        Thanks Bob and had I known you were a WC Attorney before I hired one then I would definitely came to you, as you can guess I hired one of the biggest named Attorneys in Charlotte and the surrounding areas. I know this doesnt mean they are the best but it was a decision I made real quick because WC had several different people calling me and started asking me my story of the accident over and over so I knew the games were getting ready to begin, I have been out of work for about 9wks so far and I drive a standup forklift and it jars the crap out of your back, knee's and feet because the floors are in not so great of shape. Of course we did a form 18 and when I got my copy in the mail the supervisors statement was pretty much "Hey the company was totally at fault" by stating that the racks were not installed at the proper height, the distance I had to pull in and back out was only a 6" clearance under perfect conditions!

        Comment


        • #5
          You hired "one of the biggest named attorneys in Charlotte and the area....."

          I am fascinated by how people select lawyers to represent them.

          When you say "biggest name" lawyer, are you referring to a lawyer who spends the most money advertising on TV and in the yellow pages, or to one who other lawyers consider to be the best in the business? Because those usually be two different lawyers.

          IN NC, you can check out your lawyer's actual work comp trial experience on the Industrial Commission web site. About 10 years of cases are available there and you can search for your lawyer in the cases and find out how many he or she has actually handled to a final decision.
          Bob Bollinger, Attorney
          Board Certified Specialist in NC Workers' Compensation Law
          Charlotte, NC

          Comment


          • #6
            Bob I looked through the website and there are tons of links and I couldnt find where you reviewed your attorneys record, can you point me to the link so I can look up Demayo?

            Comment


            • #7
              Looking up a lawyer's work at the NCIC

              Go to NCIC web site. On home page, click on LINKS tab. That gives a drop down menu. CLick on Database Lookup. THen, click on Livelink access link. Log in to LIVELINK as "public" per the directions. No password is needed. Use the actual formal name of the lawyer you are interested in looking up, for instance, "Bobby Bollinger" for me, without the quote marks. THis will give you a list of decisions that you can read. The center of the first page of a decision will actually name the individual lawyer who handled the case at the IC. If you put in a name like "Bollinger" you will also get the cases handled by other lawyers in my firm. This applies anytime a lawyer's last name is in the firm name--you have to look and see which actual lawyer handled the case. No won-lost record is posted; you will have to read decisions and figure that out for yourself.
              Bob Bollinger, Attorney
              Board Certified Specialist in NC Workers' Compensation Law
              Charlotte, NC

              Comment


              • #8
                Other ways to check out a lawyer

                AVVO.com and Martindale.com can give you helpful info, as well as Best Lawyers.com and Superlawyers.com

                In NC, the NC State Bar website lists a directory of every lawyer who is certified by the bar as a specialist. So that is helpful too.
                Bob Bollinger, Attorney
                Board Certified Specialist in NC Workers' Compensation Law
                Charlotte, NC

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