Raleigh Permanent Disability Lawyers
Sometimes a severe accident can leave a worker with life-long medical complications. If this has happened to you, you may be entitled to compensation beyond your initial medical bills. This compensation is meant to help you and your family cope with your reduced earning capabilities.
Raleigh permanent disability lawyers Law Office of Sam Scudder, are prepared to help workers with their permanent disability claims. We can inform you of your rights and make sure you get the full compensation allowed for your circumstances. We can help you with:
- Permanent Disability Claims Filing Assistance
- Permanent Disability Appeals
- Permanent Disability Litigation
An injury that disrupts your ability to earn a living can leave you feeling uncertain, even anxious, about the future. With the help of an experienced disability lawyer, you can feel confident that you will be taken care of as you pursue the disability benefits that you need. Contact our offices at (252) 222-0227.
Do I Need a Disability Lawyer?
Every situation surrounding a workplace injury is unique. While some people may be able to comfortably manage their disability claim independently, if you are seeking a settlement for a permanent disability, it’s wise to consult with an attorney about your situation.
It is not uncommon for workers’ compensation insurance providers or employers to deny a valid claim in hopes that you, as the worker, will not appeal. When you have a lawyer looking out for your interests, not only will they help you appeal your claim if it is wrongfully denied, but they will make sure that the settlement is paid out in a timely manner.
When a settlement is offered, insurers often attempt to low-ball injured workers, in attempts to save money. Your disability lawyer will protect you from being taken advantage of in this regard. When a permanent disability interferes with your ability to make a living, it is reasonable to expect that the amount of your settlement will be sufficient to cover your expenses. If you suspect you have been offered an unsuitably low settlement, a lawyer will help you pursue the amount that you need. They will also be able to assess any offer you receive to determine whether it is satisfactory or not.
Many people who receive a disability settlement from their employer also have the option to file for Social Security Disability benefits as well. Whether you already receive Social Security Disability benefits, or you plan to file for them, if your permanent disability plan isn’t structured properly, it could interfere with your Social Security benefits. An experienced disability lawyer will help make sure that your plan is structured to support both your workers’ compensation and Social Security benefits so that you can benefit from both sources of support.
Why Hire Law Office of Sam Scudder to Handle My Case?
At Law Office of Sam Scudder, we have dedicated our practice to fighting for the rights of injured workers. Our experience has given us the opportunity to achieve favorable results for people who need our help the most. Unfortunately, many of the clients that reach out to us have had their claim denied, or do not know how to proceed with filing. It is our goal to make the process as easy and accessible as possible.
As Board Certified Specialists in Workers’ Compensation Law, we are absolutely the right attorneys to call when you need help with your workers’ compensation claim. We have decades of experience helping workers obtain the resources that they need and we are confident that we can help you too. Focused on results as well as service, we are committed to clear communication throughout the process.
Dealing with employers and workers’ compensation insurers can often feel like a confusing, drawn-out process. We fully understand this, which is why we make ourselves available to you to answer questions about how your claim is progressing.
Permanent Partial Disability
If your injury has caused you to lose some or all of the functioning in one body part, you can receive compensation for the effect this will have on your wages. The typical compensation is 2/3 of your average wages, within certain minimum and maximum amounts. The length of time you will receive payments is determined by the body part injured and the extent of the damage.
The level of damage done will be determined by your doctor. He or she will determine a percentage of functioning that you have lost. For example, he or she may determine that you still have 50% functioning in your injured hand. Since a total injury (100% loss of functioning) would entitle you to compensation for 200 weeks, a 50% injury entitles you to 100 weeks of compensation.
Different body parts have different lengths of compensation: an eye is 100 weeks, while a thumb is 75 weeks. A Raleigh workers’ compensation lawyer can provide further details about your specific case.
Permanent Total Disability and Disfigurement
If you have lost functioning in both of your eyes, hands, feet, arms, or legs, or a combination of any two of these body parts, you may receive total disability compensation. This typically includes medical expenses and 2/3 of your wages for the rest of your life.
The law defines “disfigurement” as severe scars on the head or face, or permanent damage to an important bodily organ. If you have suffered one of these injuries, you could receive $10,000 – $20,000 as compensation.
To discuss your case with an experienced Raleigh workers’ compensation attorney, contact the offices of Law Office of Sam Scudder at (252) 222-0227.
Raleigh Permanent Disability FAQs
How are different levels of disability classified under North Carolina workers’ compensation law?
Under North Carolina workers’ compensation law, there are three different “periods” of disability: temporary total disability, temporary partial disability, and permanent disability. Temporary total disability refers to the period in which the injured person is completely unable to work and during which time they receive medical treatment for their injuries. Temporary partial disability refers to the period of recovery in which enough improvement has occurred so that the injured person can begin some form of employment again. Permanent disability refers to the complete damage or loss of functioning of some part of the body after medical treatment has done all it can do to improve the state of disability.
What is the difference between permanent disability and permanent physical impairment?
The Disability Committee of the American Medical Association (AMA) makes a distinction between the definitions of permanent disability and permanent physical impairment. According to the AMA, the definition of permanent disability is not “purely a medical condition,” but instead refers to a person’s “actual or presumed ability to engage in gainful activity” that is “reduced or absent because of ‘impairment’” with no improvement or “marked change” expected in the future. On the other hand, physical impairment is “purely a medical condition” and refers to “any anatomical or functional abnormality” “after maximum medical rehabilitation has been achieved” and which a “physician considers stable or non-progressive.”
Are there any other ways I can obtain benefits for my permanent long-term disability?
If you are permanently disabled, meaning that you cannot return to work, you may be able to additionally apply for Social Security Disability Insurance (SSDI) benefits after you have been disabled for at least six months. If approved, your SSDI benefit amount will be determined by your average lifetime earnings before the onset of your disability. These benefits will continue as long as you are unable to work and can potentially last until retirement age, at which point your benefits will become retirement benefits instead. The SSA will review your case periodically to determine if you are still unable to return to work, and the frequency of these reviews will depend on the likelihood of your medical improvement.