§ 97-31. Schedule of injuries; rate and period of compensation.
§97‑31. Schedule of injuries; rate and period of compensation.
In cases included by thefollowing schedule the compensation in each case shall be paid for disabilityduring the healing period and in addition the disability shall be deemed tocontinue for the period specified, and shall be in lieu of all othercompensation, including disfigurement, to wit:
(1) For the loss of athumb, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 75 weeks.
(2) For the loss of afirst finger, commonly called the index finger, sixty‑six and two‑thirdspercent (66 2/3%) of the average weekly wages during 45 weeks.
(3) For the loss of asecond finger, sixty‑six and two‑thirds percent (66 2/3%) of theaverage weekly wages during 40 weeks.
(4) For the loss of athird finger, sixty‑six and two‑thirds percent (66 2/3%) of theaverage weekly wages during 25 weeks.
(5) For the loss of afourth finger, commonly called the little finger, sixty‑six and two‑thirdspercent (66 2/3%) of the average weekly wages during 20 weeks.
(6) The loss of thefirst phalange of the thumb or any finger shall be considered to be equal tothe loss of one half of such thumb or finger, and the compensation shall be forone half of the periods of time above specified.
(7) The loss of morethan 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 onefinger exceed the amount provided in this schedule for the loss of a hand.
(8) For the loss of agreat toe, sixty‑six and two‑thirds percent (66 2/3%) of theaverage weekly wages during 35 weeks.
(9) For the loss of oneof the toes other than a great toe, sixty‑six and two‑thirdspercent (66 2/3%) of the average weekly wages during 10 weeks.
(10) The loss of the firstphalange of any toe shall be considered to be equal to the loss of one half ofsuch toe, and the compensation shall be for one half of the periods of timeabove specified.
(11) The loss of more thanone phalange shall be considered as the loss of the entire toe.
(12) For the loss of ahand, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 200 weeks.
(13) For the loss of anarm, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 240 weeks.
(14) For the loss of afoot, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 144 weeks.
(15) For the loss of aleg, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 200 weeks.
(16) For the loss of aneye, sixty‑six and two‑thirds percent (66 2/3%) of the averageweekly wages during 120 weeks.
(17) The loss of bothhands, or both arms, or both feet, or both legs, or both eyes, or any twothereof, shall constitute total and permanent disability, to be compensatedaccording to the provisions of G.S. 97‑29. The employee shall have avested right in a minimum amount of compensation for the total number of weeksof benefits provided under this section for each member involved. When anemployee dies from any cause other than the injury for which he is entitled tocompensation, payment of the minimum amount of compensation shall be payable asprovided in G.S. 97‑37.
(18) For the complete lossof 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 hearingin both ears, sixty‑six and two‑thirds percent (66 2/3%) of theaverage weekly wages during 150 weeks.
(19) Total loss of use ofa member or loss of vision of an eye shall be considered as equivalent to theloss of such member or eye. The compensation for partial loss of or for partialloss of use of a member or for partial loss of vision of an eye or for partialloss of hearing shall be such proportion of the periods of payment aboveprovided for total loss as such partial loss bears to total loss, except thatin cases where there is eighty‑five per centum (85%), or more, loss ofvision in any eye, this shall be deemed "industrial blindness" andcompensated as for total loss of vision of such eye.
(20) The weeklycompensation payments referred to in this section shall all be subject to thesame limitations as to maximum and minimum as set out in G.S. 97‑29.
(21) In case of seriousfacial or head disfigurement, the Industrial Commission shall award proper andequitable compensation not to exceed twenty thousand dollars ($20,000). In caseof enucleation where an artificial eye cannot be fitted and used, theIndustrial Commission may award compensation as for serious facialdisfigurement.
(22) In case of seriousbodily disfigurement for which no compensation is payable under any othersubdivision of this section, but excluding the disfigurement resulting frompermanent loss or permanent partial loss of use of any member of the body forwhich compensation is fixed in the schedule contained in this section, theIndustrial Commission may award proper and equitable compensation not to exceedten thousand dollars ($10,000).
(23) For the total loss ofuse of the back, sixty‑six and two‑thirds percent (66 2/3%) of theaverage weekly wages during 300 weeks. The compensation for partial loss of useof the back shall be such proportion of the periods of payment herein providedfor total loss as such partial loss bears to total loss, except that in caseswhere there is seventy‑five per centum (75%) or more loss of use of theback, in which event the injured employee shall be deemed to have suffered"total industrial disability" and compensated as for total loss ofuse of the back.
(24) In case of the lossof or permanent injury to any important external or internal organ or part ofthe body for which no compensation is payable under any other subdivision ofthis section, the Industrial Commission may award proper and equitable compensationnot 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.)