How Is a Workers Comp Settlement Calculated in North Carolina?

Following a work-related injury, you may find yourself asking: how is a workers’ comp settlement calculated in North Carolina? Individual insurance companies ultimately consider several factors when coming up with a settlement offer. An offer may fall short of what you need to properly and fully recover from your injuries. When a workers’ compensation program fails to provide you with the benefits you are entitled to, you can work with a workers’ compensation lawyer to protect your rights.

How Workers’ Compensation Settlements Are Calculated

Most workers’ compensation claims are resolved through a settlement that the injured worker agrees to accept. Some injured workers may feel pressured to accept a settlement because they need cash to pay for mounting medical bills. Or they may want to avoid the hassle of completing the workers’ compensation claims process. An attorney can help you understand your rights and the legal obligations of your employer.

At some point during the claim process, you may receive what is known as a compromise settlement agreement. This is a final settlement that resolves your injury claim. By accepting the sum of money, your case is resolved and closed. The majority of settlement offers are a lump sum payment. Some insurance companies may prefer to offer a structured settlement that is made through installment payments.

To calculate your ideal settlement value, you will need to add up the total amount of benefits that you may need to address your injury. Certain factors, like pre-existing injuries or conflicting medical reports, may weaken your claim and require a more conservative estimate. A workers’ compensation attorney will be familiar with the factors that should be considered for your settlement so you do not compromise the compensation amount you may be entitled to receive.

Certain items and debts may be deducted from your settlement check. These could include attorneys’ fees, unpaid child support, unpaid medical bills, and funds for a Medicare set-aside account.

How Is a Settlement Approved?

Your settlement must be approved by the North Carolina Industrial Commission. Once you come to an agreement on what a fair settlement looks like, you will file documents with the North Carolina Industrial Commission. Your workers’ compensation attorney will help you navigate that process.

Knowing when to accept a settlement offer can be complicated. Your Charlotte workers’ compensation attorney will provide you with advice, but you will need to decide in the end whether the offered settlement meets your needs.

If you are still in the recovery or treatment phase, you should take great care when considering future medical costs. Once you have reached the end of your healing period, known as Maximum Medical Improvement, you will have a better idea of what your expenses are, but you may be given a settlement offer before that milestone is reached.

Future medical treatments, prescription medications, therapy, and medical hardware are all potential expenses you may incur in the future. Wage replacement must also be considered, especially if you are partially or totally disabled due to your injury.

It is important to think about how your settlement works with other benefits you might have. These could include Social Security disability, Medicare, Medicaid, disability policies, and Social Security retirement.

Settling your workers’ compensation claim without considering these factors could be a big mistake. Medicare, for example, may take issue with your requesting benefits after you accept a settlement offer.

FAQs

Q: How Is a Workers’ Comp Settlement Calculated in NC?

A: The two main factors that are used to calculate a workers’ comp settlement in North Carolina are medical expenses and time away from work. Your workers’ comp policy will cover medical expenses that you incur from your injury. Worker’s compensation plans defer to medical doctors and mental health professionals for treatment choices.

Q: Which Body Part Has the Highest Value in a Workers’ Compensation Claim?

A: Head injuries have the highest value when it comes to workers’ compensation claims. Traumatic brain injuries can lead to disabilities and impaired motor function. After head injuries, back injuries can also lead to high-value claims. Any injury that affects the central nervous system can cause serious health problems for employees.

Q: How Much Does North Carolina Workers’ Compensation Pay?

A: If you require time off work to recover based on your doctor’s advice, your North Carolina workers’ compensation plan will cover two-thirds of your average weekly pay for a duration determined by the severity of your accident. Your workers’ compensation plan will also cover any medical expenses tied to your treatment following a work-related injury.

Q: What Can I Do If My Employer Doesn’t Have Workers’ Compensation?

A: Companies of a certain size in North Carolina are required by law to carry workers’ compensation insurance. If your employer is required to carry workers’ compensation insurance but fails to do so, you can work with a workers’ compensation attorney to take legal action against your employer. Employers who fail to carry workers’ compensation can be sued.

Q: Do I Have to Have a Workers’ Compensation Attorney to Guide Me Through the Claims Process?

A: You do not have to have an attorney help you navigate the often complicated workers’ compensation negotiation and settlement process, but having legal counsel can be very beneficial. An experienced workers’ compensation attorney understands what your claim should be worth, so they can help you refuse an offer that leaves you unable to complete your medical treatments. Your lawyer can work on your behalf to negotiate a fair and favorable settlement.

Schedule Your Workers’ Compensation Settlement Consultation

Workers’ compensation insurance providers are supposed to provide important monetary benefits when workers are injured. The companies are in the business of making profits, and that sometimes means that they do not initially offer a fair settlement. Some workers make the mistake of settling for less than they are entitled to receive.

By working with The Bollinger Law Firm, PC, you can have peace of mind knowing that our team will protect your rights and fight for your interests. With sound legal advice, you can be more confident when accepting a final settlement offer. To schedule a workers’ compensation settlement consultation, we welcome you to contact our office today.