The Short Answer
A disability rating in a workers' compensation case is a doctor's assessment of how severely an injury has affected a specific body part — and it directly determines how much compensation you receive. In NC workers' comp, "disability" doesn't just mean a physical limitation; it means a loss of earning capacity. Your rating is expressed as a percentage, which is then applied to a set number of weeks assigned to the injured body part by North Carolina statute. Multiply that result by your weekly compensation rate (66% of your average weekly wages), and you get the benefit amount you're entitled to for your permanent impairment.
When you are injured on the job and are seeking compensation through the workers’ compensation laws, you must have a disability rating in order to do so. In order to receive on going benefits, one must prove they have become permanently disabled as a result of the injury.
However, a disability does not always mean only a physical disability. Instead, a disability in workers’ compensation is a loss of earning capacity. When you are injured a doctor will determine how badly you have been injured. Based on your injury and how it impacts your capacity to earn wages they will assign you a rating on the injured body part. You then use that disability percentage and the number of weeks that correspond to the injured body part.
Lets look at an example to better understand how a rating is used in calculating what you are entitled to in a workers’ compensation case. If someone injures their back and a doctor gives them a disability rating of 10% on their back then we would use that percentage along with 300 weeks (given by the table below). Ten percent multiplied by 300 is 30 weeks. We then take those 30 weeks and multiply that by the compensation rate (which is 66% of the average weekly wages). In this scenario, lets say the compensation rate is $666.66 per week. If that were the case then we would multiply the weekly compensation rate ($666.66) by the 30 weeks. That means this person would be guaranteed to receive $20,000 due to their permanent impairment or disability rating.
Although many of the numbers in a workers’ compensation case are set by statute, an attorney can help ensure you get the necessary treatment and also can maximize the disability rating you receive. Having a workers’ compensation attorney can help you maximize your settlement and benefits.
Below is a listing of the current “weeks” for each body part.
| Chart | Number of Weeks | Cite |
| Thumb | 75 | G.S. 97-31 (1) |
| Index Finger | 45 | G.S. 97-31 (2) |
| Second Finger | 40 | G.S. 97-31 (3) |
| Third Finger | 25 | G.S. 97-31 (4) |
| Little Finger | 20 | G.S. 97-31 (5) |
| Great Toe | 35 | G.S. 97-31 (8) |
| Any other Toe | 10 | G.S. 97-31 (9) |
| Hand | 200 | G.S. 97-31 (12) |
| Arm | 240 | G.S. 97-31 (13) |
| Foot | 144 | G.S. 97-31 (14) |
| Leg | 200 | G.S. 97-31 (15) |
| Eye | 120 | G.S. 97-31 (16) |
If you feel that you have been injured on the job and you have not been properly paid for it; it is strongly suggested that you speak with an attorney who handles Worker’s Compensation cases to see if you have a case against your employer.
Key Takeaways
- A disability rating in workers' comp measures loss of earning capacity, not just physical limitation — a distinction that affects how your benefits are calculated.
- Your rating is a percentage assigned by a doctor to the specific injured body part, not to your overall health or ability to work in general.
- North Carolina law assigns a fixed number of weeks to each body part (e.g., 300 weeks for the back, 200 for the hand or leg), and your disability percentage is multiplied against that number.
- Your weekly compensation rate is set at 66% of your average weekly wages, and that figure is then multiplied by your calculated weeks to determine your total permanent impairment benefit.
- Although the statutory numbers are fixed, an attorney can help ensure you receive the correct medical treatment and the highest defensible disability rating for your injury.
- If you believe your disability rating is too low or your benefits were underpaid, speaking with a workers' compensation attorney is the most important step you can take.
