ARTICLE 1.
Workers' Compensation Act.
Section
§97-31. Schedule of injuries; rate and period of compensation.
In cases included by the following schedule the compensation in
each case shall be paid for disability during the healing period
and in addition the disability shall be deemed to continue for
the period specified, and shall be in lieu of all other compensation,
including disfigurement, to wit:
- For the loss of a thumb, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 75 weeks.
- For the loss of a first finger, commonly called the index
finger, sixty-six and two-thirds percent (66 2/3%) of the average
weekly wages during 45 weeks.
- For the loss of a second finger, sixty-six and two-thirds
percent (66 2/3%) of the average weekly wages during 40 weeks.
- For the loss of a third finger, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 25 weeks.
- For the loss of a fourth finger, commonly called the little
finger, sixty-six and two-thirds percent (66 2/3%) of the average
weekly wages during 20 weeks
- The loss of the first phalange of the thumb or any finger
shall be considered to be equal to the loss of one half of such
thumb or finger, and the compensation shall be for one half of
the periods of time above specified.
- The loss of more than one phalange shall be considered the
loss of the entire finger or thumb: Provided, however, that in
no case shall the amount received for more than one finger exceed
the amount provided in this schedule for the loss of a hand.
- For the loss of a great toe, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 35 weeks.
- For the loss of one of the toes other than a great toe, sixty-six
and two-thirds percent (66 2/3%) of the average weekly wages during
10 weeks.
- The loss of the first phalange of any toe shall be considered
to be equal to the loss of one half of such toe, and the compensation
shall be for one half of the periods of time above specified.
- The loss of more than one phalange shall be considered as
the loss of the entire toe.
- For the loss of a hand, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 200 weeks.
- For the loss of an arm, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 240 weeks.
- For the loss of a foot, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 144 weeks.
- For the loss of a leg, sixty-six and two-thirds percent (66
2/3%) of the average weekly wages during 200 weeks.
- For the loss of an eye, sixty-six and two-thirds percent
(66 2/3%) of the average weekly wages during 120 weeks.
- The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or any two thereof, shall constitute total
and permanent disability, to be compensated according to the provisions
of G.S. 97-29. The employee
shall have a vested right in a minimum
amount of compensation for the total number of weeks of benefits
provided under this section for each member involved. When an
employee dies from any cause other than the injury for which he
is entitled to compensation, payment of the minimum amount of
compensation shall be payable as provided in
G.S. 97-37.
- For the complete loss of hearing in one ear, sixty-six and
two-thirds percent (66 2/3%) of the average weekly wages during
70 weeks; for the complete loss of hearing in both ears, sixty-six
and two-thirds percent (66 2/3%) of the average weekly wages during
150 weeks.
- Total loss of use of a member or loss of vision of an eye
shall be considered as equivalent to the loss of such member or
eye. The compensation for partial loss of or for partial loss
of use of a member or for partial loss of vision of an eye or
for partial loss of hearing shall be such proportion of the periods
of payment above provided for total loss as such partial loss
bears to total loss, except that in cases where there is eighty-five
per centum (85%), or more, loss of vision in any eye, this shall
be deemed "industrial blindness" and compensated as
for total loss of vision of such eye.
- The weekly compensation payments referred to in this section
shall all be subject to the same limitations as to maximum and
minimum as set out in G.S. 97-29.
- In case of serious facial or head disfigurement, the Industrial
Commission shall award proper and equitable compensation not to
exceed twenty thousand dollars ($20,000). In case of enucleation
where an artificial eye cannot be fitted and used, the Industrial
Commission may award compensation as for serious facial disfigurement.
- In case of serious bodily disfigurement for which no compensation
is payable under any other subdivision of this section, but excluding
the disfigurement resulting from permanent loss or permanent partial
loss of use of any member of the body for which compensation is
fixed in the schedule contained in this section, the Industrial
Commission may award proper and equitable compensation not to
exceed ten thousand dollars ($10,000).
- For the total loss of use of the back, sixty-six and two-thirds
percent (66 2/3%) of the average weekly wages during 300 weeks.
The compensation for partial loss of use of the back shall be
such proportion of the periods of payment herein provided for
total loss as such partial loss bears to total loss, except that
in cases where there is seventy-five per centum (75%) or more
loss of use of the back, in which event the injured employee shall
be deemed to have suffered "total industrial disability"
and compensated as for total loss of use of the back.
- In case of the loss of or permanent injury to any important
external or internal organ or part of the body for which no compensation
is payable under any other subdivision of this section, the Industrial
Commission may award proper and equitable compensation not to
exceed twenty thousand dollars ($20,000). (1929, c. 120, s. 31;
1931, c. 164; 1943, c. 502, s. 2; 1955, c. 1026, s. 7; 1957, c.
1221; c. 1396, ss. 2, 3; 1963, c. 424, ss. 1, 2; 1967, c. 84,
s. 3; 1969, c. 143, s. 3; 1973, c. 515, s. 3; c. 759, s. 3; c.
761, ss. 1, 2; 1975, c. 164, s. 1; 1977, c. 892, s. 1; 1979, c.
250; 1987, c. 729, ss. 7, 8.)
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N.C. Industrial Commission ·
4340 Mail Service Center ·
Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 ·
Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov/