When Does Workers’ Compensation Offer a Settlement in North Carolina?

You may already know that workers’ compensation is a form of insurance. It provides wage replacement and medical benefits for injured employees or those who become ill on the job. In North Carolina, some employees seek settlements. If you are applying for North Carolina workers’ compensation benefits, you may wonder, “When does workers’ compensation offer a settlement in North Carolina?”

Workers’ Compensation Settlements

In general, workers’ compensation settlements are typically offered after an injured or ill worker reaches what’s called maximum medical improvement (MMI). This means their healthcare provider has concluded that their condition has stabilized, and additional medical care is unlikely to significantly improve their illness or injuries.

When an employee reaches MMI, a workers’ compensation lump-sum settlement may be offered. The value of their future care can then be assessed more easily, which means a settlement can be proposed to cover both lost wages and future medical care costs.

Settlement Timing

Settlements could be offered earlier, especially in situations where:

• Liability is in dispute. If the insurance company disputes an employee’s benefits claim, they may argue that the injury isn’t work-related, or they may dispute the extent of the claimed disability. As a result, the insurance carrier could offer a lump-sum settlement amount to avoid paying further costs, hearings, or a formal trial.
• When an insurance company wants to manage costs. Insurance carriers care about their bottom line, so they may seek to settle a workers’ compensation claim if the potential costs are high. An insurance company may offer a settlement amount to limit its financial responsibility.
• Complex medical conditions exist. An insurance company may be motivated to settle and reduce the potential uncertainty of paying future healthcare costs.
• The claim is considered to be a high-value one. An insurance carrier may offer a settlement amount to mitigate its risk. It may weigh whether it might have to pay an even larger amount if the case goes to trial.

Settlement Considerations

Settlement offers are common in workers’ compensation claims. However, there are factors to consider if you are presented with an offer, such as:

• Whether mediation is available. Rather than going through a more formal process, you may want to participate in mediation. This can provide a setting for a more informal meeting of the parties to discuss their positions, and they often result in an agreement being reached. If you reach an agreement, your claim is settled.
• Whether you’re prepared to resolve your claim. If you accept a settlement offer, it is a full and final agreement, and you then give up your right to future benefits in exchange for your settlement, either through structured payments or a one-time lump sum. If you later experience additional symptoms, you’re prevented from seeking further financial recovery if you accept a settlement.
• Whether you need to settle. There’s no obligation for you to accept a settlement in North Carolina. You can explore your other available recovery options and legal rights.
• Whether you want to resolve your claim quickly. Sometimes, there’s some real merit to waiting for your claim to move along rather than settling quickly. A legal professional can discuss further reasons you may want to wait to conclude your workers’ compensation claim.
• Whether you’ve contacted an attorney. A lawyer can answer your questions and maximize your overall financial recovery. If you try to handle your claim alone, you may lose money that could help with your injury or illness expenses.

An attorney can address when a settlement may be offered in your case and the reasons you may want to consider or reject it.

Why Choose Us?

If you need to discuss the merits of a settlement amount, contact Law Office of Lyndon R. Helton, PLLC. We’ve helped people throughout Burke, Caldwell, and Catawba Counties, and we can use our experience in managing claims for other clients to benefit your specific situation.

A true North Carolina native, Lyndon R. Helton understands the workers’ compensation system. He knows how to help hard-working North Carolinians get what they deserve after a work-related injury or illness.

FAQs

What Benefits Are Available for Workers’ Compensation Claims?

In North Carolina, workers’ compensation usually covers the expenses related to medical care when you’ve suffered an injury or work-related illness. It’s designed to help employees heal as much as possible. Employees often receive money for immediate treatment as well as long-term care. Contact Law Office of Lyndon R. Helton, PLLC, to discuss the available benefits further.

What Are My Legal Options Other Than Workers’ Compensation?

As an employee, you typically have other legal options besides applying for workers’ compensation. Some workers’ compensation laws prevent employees from suing their company beyond what’s available through workers’ compensation.

However, there are some specific situations where injured workers can pursue a civil court case for supplemental compensation. If you’re filing for workers’ compensation in North Carolina, it’s worth contacting a knowledgeable attorney to discuss it further.

Do Many People File for Workers’ Compensation?

Many people file for workers’ compensation each year, which means insurance carriers are sometimes motivated to offer a settlement. Between 2021 and 2022, there were approximately 57,616 workers’ compensation claims opened in North Carolina, with 447 claims going to an appeal and 12,766 reported fraud cases.

With a crowded claims system, an attorney can get you the benefits you need and help you avoid a fraud investigation.

Why Should I Contact an Attorney When I’ve Been Offered a Settlement?

You should contact an attorney after you’ve been offered a settlement because they can:

• Discuss whether the offer is fair.
• Protect and assert your rights.
• Explain all the potential long-term consequences and implications of accepting a settlement, along with the potential impact it may have on your ongoing medical care.

Even when considering a settlement offer, an attorney can provide crucial assistance.

Contact Our Office

Your workers’ compensation claim can quickly become complicated, especially if you’re wondering when you might be offered a settlement or if you’re considering a settlement. You need trusted legal assistance to achieve the most advantageous claim outcome. No matter your situation, contact Law Office of Lyndon R. Helton, PLLC, to learn how we can help.