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What is the average settlement in north carolina? How can the percentage of PPD be determined while still in recovery?

Raleigh, NC |

My husband tore his rotator cuff, severed one tendon and tore another tendon on the job. He has had surgery and his Doctor has given him 10% PPD and released him back to work. However, he is still in recovery and per his doctor it should take another several months to heal.

Attorney Answers 3


  1. Settlements in NC can vary greatly...that is because much of the analysis is based upon an injured worker's average weekly wage (AWW) and weekly compensation rate (WCR). The AWW looks at gross wages earned in the 52 weeks previous to the injury. That number is multiplied by .6667 to yield the WCR. For an injured shoulder/arm, 100% disability to that body part would get 240 weeks of benefits at the WCR, In your husband's case, a 10% rating would get him 24 weeks of benefits at his WCR, He is entitled to a second opinion though. In addition, this is only a small part of what needs to be done in terms of evaluating a case for settlement. Workers' Comp law is complicated and you would be well served to speak with an experienced workers' comp attorney who will put together a strong settlement demand, back it up with relevant law and word everything in a manner that will best represent your claim. You need someone on your side who will represent your interests and fight for the benefits you are entitled to.


  2. I agree with Jesse; there is really no such thing as an "average" settlement in workers' comp. and the value of the PPD rating is based on the injuried employee's average weekly wage. Please keep in mind your husband's take home pay is only one one factor that goes into computing an individual's average weekly wage or "AAW." Any perks that your husband may have received during the course of his emplyment also count. For example, a cell phone allowance, company vehicle, company credit card and reimbursment for mileage all can be used in the calculation of an employee's AAW.

    Mr. Shapiro was again on point when he pointed out that a PPD rating is only issue of many that would go into calculating a reasonable settlement demand for your husband's claim. For example, just because someone is at maximum medical improvement or "MMI" and has been assigned a PPD rating doesn't necessarily mean that he will not need or is entitled to further medical treatment. I have seen several cases were an individual has reached MMI and has been assigned a PPD rating but will need ongoing medical treatment for pain managment. That of course, would be an additional factor to consider when creating a demand.


  3. The NCIC Rating Guide suggests a minimum of 10% when a joint is surgically entered for repair, and your husband had quite a complex injury. If he has returned to work at or above his pre-injury AWW, it may make sense for him to get a second opinion on the rating. But don't contact the insurance company about that directly--get some legal advice from someone in your area, such as Jesse Shapiro, who can tell you how to go about doing it correctly. Good luck.

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