If you are hurt while working in North Carolina, you will likely be eligible to file a workers’ compensation claim through your employer. As part of the claim filing process, you will likely need to undergo a functional capacity assessment, but what is a functional capacity assessment for workers’ comp? Simply put, this is a formal review of the severity of your injury to determine what level of benefits you are eligible to receive.
There are two main purposes behind workers’ compensation insurance in North Carolina. First, this insurance protects covered employers from civil liability for their injured workers’ damages. As long as they handle workplace injury claims in good faith and comply with applicable safety regulations, they cannot be held liable for work injuries. Second, this insurance provides an economic lifeline to an injured worker that helps them recover.
If you suffer any type of injury on the job or develop an illness or repetitive stress injury from performing your job duties, you will likely qualify to file a workers’ compensation claim through your employer. You must notify your employer of the injury right away to ensure you can qualify to receive benefits. Your employer will provide you with the materials needed to file a claim with their insurance carrier.
Part of the claim filing process is the functional capacity assessment. This is a formal medical evaluation that must be conducted by a physician approved by your employer’s insurance carrier. When you report your injury, your employer should provide you with a list of local physicians you can visit for your functional capacity evaluation. You can see any available doctor for emergency care, but once you stabilize, you will need to see a workers’ compensation doctor.
During the functional capacity assessment, the doctor will assess the severity of your injury and determine the scope of its effects. They will determine how long it will likely take for you to recover enough to return to work or whether your injury is serious enough that it has caused a permanent disability. They will end the evaluation by assigning you a disability rating, which is a numerical value between 1 and 100.
This rating will be sent to your employer’s insurance carrier so they can process your workers’ compensation claim. Generally, the higher your rating, the more you will receive in benefits, and the more disabled you are from the injury, the longer your benefits payments can continue. In North Carolina, disability benefits are paid in “partial” or “total” designations based on whether the claimant has any functional capacity to continue working after their injury.
If you qualify for partial disability benefits, you will need to report your weekly earnings to the insurance company. They will pay benefits to help offset your diminished earning capacity. These benefits will continue until you can resume work at full capacity and earn your usual income. If you receive total disability benefits, these will be paid weekly until you are able to resume work.
A: Your disability rating or functional capacity evaluation is a numerical value that indicates the severity of the injury you suffered. The higher the number, the greater the severity of your disability and the more you may receive in benefits. It’s possible to continue receiving benefits until you recover enough to return to work, but you could also qualify for permanent disability benefits if you have suffered a catastrophic work-related injury.
A: If you disagree with the functional capacity evaluation results, your workers’ compensation attorney in North Carolina may be able to help you arrange for a second opinion from a different doctor. If you have completed the evaluation and have started receiving benefits but unexpected complications arise with your condition, notify your attorney, and they will advise you as to whether this can be reflected in a new determination of benefits.
A: If you cannot return to your job after a functional capacity evaluation due to the severity of your disability, you may be assigned an alternate job role by your employer, or you may be unable to work at all. In this situation, you should work closely with an attorney you can trust to help you explore all possible legal remedies and benefits programs available to you. This can help offset your inability to work and earn income.
A: You need a workers’ compensation attorney in North Carolina to have the greatest chance of success with your claim. While it’s possible to navigate the claim filing process on your own, you will have an easier time with an attorney’s assistance. You will be more likely to maximize the benefits you secure if your claim is successful. You will also be better suited to address any unexpected complications that arise with your case.
A: You should contact a workers’ compensation lawyer as soon as possible after your workplace injury. The more time your lawyer has to work on your case, the better your chances are of reaching a positive outcome. A lawyer can help you prepare for your functional capacity evaluation and assist you if you need to secure a second opinion. Ultimately, you have the greatest chance of maximizing the results of your claim with the help of a lawyer.
The team at Bridgman Gantt Law Offices can provide comprehensive legal representation for all aspects of your workers’ compensation claim in North Carolina. Our firm has years of experience helping clients navigate the various stages of a workers’ compensation case, including preparing for a functional capacity evaluation and ensuring a fair determination of benefits. Contact us today to schedule a consultation with our team and learn how we can assist with your case.
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