Many injured employees ask, “How much is my North Carolina workers’ comp settlement actually worth?” It’s common for victims to accept the first settlement offer given by the insurance company. You should hire a workers’ compensation lawyer to negotiate on your behalf.
Choose a Skilled Workers’ Comp Attorney Today
When dealing with the complexities of state law and the recovery process for your workplace injuries, you need an empathetic lawyer whom you trust. Attorney Helton of Law Office of Lyndon R. Helton, PLLC, has spent the last 23 years focusing on personal injury law and workers’ compensation law. He values protecting North Carolina residents during their most challenging times in life.
North Carolina Workers’ Compensation Laws
In 2024, there were 64,200 cases of workplace injuries and illnesses throughout North Carolina’s private job industries. No matter the type of job you have, there is always a risk of injury. Luckily, injured workers don’t need to prove fault in order to receive workers’ compensation benefits. These benefits include:
- Some wages. The wages are approximately 67% of what you earned on average weekly and are paid to you weekly until you can return to your job in full capacity.
- Medical treatment and rehabilitation services
After being injured, you’ll want to seek immediate medical attention. Be sure to explain the situation to your doctor so they can note in your medical chart that your injuries were caused by your job. Then, you’ll have 30 days to inform your employer of the incident, both verbally and in writing.
Once your workers’ compensation claim is approved, your employer’s insurance company will provide you with a doctor to receive medical treatment. You’ll either be able to continue working or stay out of work while recovering, depending on your doctor’s prognosis.
Reaching Maximum Medical Improvement
After an injured worker has been receiving medical treatment, their doctor may determine that they’ve reached maximum medical improvement. At this stage, this means that the worker isn’t likely to significantly improve with further medical care. This status doesn’t mean full recovery. You can still have long-term disability and chronic pain.
When injured workers reach this stage of the workers’ compensation process, they’ll be evaluated to see if they qualify for permanent disability payments. These payments can be pivotal for those with long-term medical issues who no longer qualify for short-term workers’ compensation benefits.
However, depending on the seriousness of your injury and what body part is affected, your disability payments may be lower than you’d hope and last for a shorter time period. In these situations, and even in situations where you receive a substantial amount in disability payments, a lawyer can help negotiate a settlement offer to help recover compensation for your long-term care.
Settlements During a Workers’ Compensation Case
In 2023, in North Carolina, $68,744,168 was spent on injured workers’ compensation claims costs. Of this amount, $8,194,739 was spent on settlements. However, every worker’s situation and injuries are unique, and the amount you can earn in a settlement varies based on the seriousness of your disability and the competency of your lawyer.
Settlements are typically offered to injured workers when they’ve reached maximum medical improvement. Your employer’s insurance company will get in touch to discuss a lump sum payment or a fixed payment over a period of time to help compensate for your future medical costs.
This allows the insurance company to close your workers’ compensation case, meaning you won’t receive any more benefits related to your injuries, even if they worsen over time.
It’s common for injured employees to accept the first settlement offer they receive, but this offer is likely lower than what you could earn. An experienced lawyer can argue on your behalf and handle negotiations with the insurance company to work toward a higher amount.
FAQs
Why Would I Want to Accept a Settlement in My Workers’ Comp Case?
You may want to accept a settlement in your workers’ comp case so you can move forward from the ordeal. Workers’ compensation can take a major emotional toll on victims, and accepting a lump sum settlement allows you to close your case and not have to jump through any more hoops to receive your benefits.
How Can a Workers’ Compensation Lawyer Help Me?
A workers’ compensation lawyer can help you by listening to the details of your situation, helping you file your claim, gathering and preserving evidence relevant to your case, representing you during settlement meetings, and negotiating on your behalf. They’ll have the niche experience needed to understand what a reasonable settlement offer is, and can argue for more compensation if the offer is too low.
Can I Pursue a Personal Injury Claim Against My Employer After a Workplace Injury?
After a workplace injury, you generally cannot pursue a personal injury claim against your employer, unless their reckless or intentional actions led to the workplace incident. For example, if your employer assaulted you, you could file a personal injury claim against them. If a third party caused your injuries, such as the manufacturer of a broken machine at work that hurt you, you could pursue a personal injury claim against them.
Can I Be Fired for Filing a Workers’ Compensation Claim in North Carolina?
In North Carolina, you cannot be fired for filing a workers’ compensation claim. Like most states, employers in North Carolina don’t need a specific reason to fire an employee. However, if they fire someone for exercising their rights as a worker, that’s called retaliation and is illegal. It can be difficult to prove retaliation without proper legal representation, as employers often use manipulative tactics to avoid legal action. You’ll need a lawyer’s help during this time.
Hire a Workers’ Compensation Lawyer to Advocate for Your Legal Rights
Attorney Helton understands how difficult it can be to move forward after experiencing a workplace injury. He’s here to help you find the right option for your unique needs. Contact Law Office of Lyndon R. Helton, PLLC, today to set up a meeting with our firm. Our firm takes on clients living in Catawba, Burke, and Caldwell counties.
