How Long Does a Workers Comp Case Take to Settle in North Carolina?

Workplace accidents are bound to happen in every profession, whether you work in retail or a relatively dangerous industry. How long does a workers’ comp case take to settle in North Carolina? The answer looks different for everyone since each case is under varying circumstances.

The amount of time it may take to settle your workers’ comp claim depends on your unique situation, including the nature of your workplace accident, how severe your injury is, and how long it takes for you to recover, among other factors. Be sure to consult with an experienced workers’ comp lawyer to get an estimate.

What Does Workers’ Comp Cover in North Carolina?

Workers’ compensation is a system that provides financial support to qualifying employees while they recover from a workplace injury or job-related illness. These are some of the incidents and injuries that workers’ comp benefits cover:

• Slip and fall accidents. The potential to slip or fall on the job exists in nearly every work environment. Potential injuries include traumatic brain damage, sprains or strains, spine and neck injuries, fractured bones, and more.
• Repetitive motion injuries. They can develop over time when a worker performs the same movement repeatedly. Examples include carpal tunnel syndrome, bursitis, and tendonitis.
• Occupational illnesses and health conditions, such as the effects of long-term exposure to toxic fumes or handling harmful substances. Other examples include hearing loss, mesothelioma, or compressed-air illness.
• Motor vehicle accidents occur when an employee drives as part of their job. Occupations that may result in car collision injuries include police, truck drivers, salespeople, and more.
• Psychiatric stress, such as PTSD, can develop after witnessing a traumatic event on the job or as a result of a workplace injury.
• Disk ruptures and other back injuries from heavy lifting.
• Heat stroke and heart attacks.
• Electrocution, crush injuries, and burns.

How Long Does It Take to Settle a Workers’ Comp Claim?

The amount of time your workers’ comp case may take to settle can vary depending on how quickly you file the claim, how long your recovery takes, and other relevant factors. The timeline of your workplace injury claim is also significantly impacted by the nature and severity of your injuries and whether your employer or their insurance provider disputes the claim.

It’s important to notify your employer and report your injury as soon as possible to increase your chances of receiving compensation. Generally, an injured worker must make their employer aware of their accident within 30 days of it occurring. The official statute of limitations to file your workers’ comp claim with the state Industrial Commission is two years from the date of affliction.

Your employer must file with their workers’ comp provider within five days of you notifying them of your injury. After filing with the NC Industrial Commission, you will be notified whether your claim was accepted or denied within 14 days, during which you should receive your first workers’ comp payment if accepted. Compensation begins after missing seven days of work, and no pay for these days is provided unless you miss more than 21 days of work.

Given that your injury claim has little to no delays, the case may be settled in a matter of weeks. This may also vary depending on the extent of compensation benefits you’re seeking. If your workplace injury claim is initially denied, you can file for an appeal with the help of a workers’ comp lawyer. This process may take several months before a settlement is reached.

FAQs

Q: Are Minor Injuries Covered by Workers’ Comp in NC?

A: North Carolina workers’ comp benefits can cover even minor injuries if the injury impacts your ability to return to work or earn wages in the same capacity as before your injury. If your injury leaves you temporarily or permanently impaired, whether totally or partially, you are eligible to receive benefits depending on the severity of your disability. You likely won’t qualify for workers’ comp if you recover and are able to return to work within seven days of your injury.

Q: How Long Do Most Workers’ Comp Settlements Take in NC?

A: Most NC workers’ comp cases with minimal delays reach a settlement after a few weeks or months. Some injury claims can take much longer to settle. If your case is complex, requires an appeal, or your employer and/or their insurer dispute your injury claim, your case will likely require more time to find a resolution. Other factors, such as making mistakes on your paperwork, can also extend your case, so it’s important to work with a competent workers’ comp lawyer.

Q: How Long Can I Receive Workers’ Comp in North Carolina?

A: It’s difficult to estimate how long you’ll qualify to receive continued workers’ comp benefits. The most effective way to get an approximate estimate is by consulting with a qualified and experienced workers’ comp lawyer.

How long you may be eligible for workers’ comp depends on the severity of your injuries, how long it takes for you to reach maximum medical recovery, whether your ability to return to work has been impacted, and the extent of any long-term or permanent impairment.

Q: How Are Workers’ Comp Benefits Calculated in NC?

A: In North Carolina, workers’ comp benefits are calculated by multiplying your average weekly wages by 66.67%, or two-thirds. Depending on how long it takes for you to reach the maximum physical recovery possible and whether you’re left partially or totally disabled, the amount of time you receive benefits can vary.

A medical professional will evaluate the extent of your disability and assign you an impairment rating, which corresponds with the Industrial Commission’s procedures for how long you qualify for benefits.

Adept Workers’ Comp Lawyers for Your Case

The team of professional workers’ compensation lawyers at The Bollinger Law Firm, PC, is prepared to work hard for you. We are proudly dedicated to each of our clients, ensuring we approach every case according to your individual needs.

Whether you have complex injuries or are unsure whether you qualify for workers’ comp at all, we can assess your situation and explain your options. Pursue the compensation and benefits you’re entitled to by contacting us today.