If you are navigating a workers’ compensation case, you may have many questions that you are asking yourself, including “Do all workers’ comp cases end in a settlement in North Carolina?” M. Reid Acree, Jr, Attorney at Law, a local Salisbury workers’ compensation law firm, is here to help answer these questions and concerns.
It is important to note that not all workers’ compensation cases end in a settlement, but there are factors that can influence the possibility that a case is successful and the employee receives the support and compensation they deserve for their injuries and damages. Even in the event that your case does not end in a settlement, you may still be eligible for other helpful outcomes such as benefits like Permanent Partial Disability.
Factors That Influence Whether a Workers’ Comp Case Ends in a Settlement
A variety of factors can influence whether or not a workers’ compensation case ends in a settlement in North Carolina. These factors impact the likelihood and terms of a settlement agreement between the injured worker and the employer and/or their insurance company. Some of these include:
- Severity of Injury: The more severe an injury is, particularly if it results in permanent disability, the higher the likelihood that the case will end in a settlement, as medical costs tend to be higher, and periods of disability tend to be longer.
- Extent of Medical Treatment: Cases that require extensive or long-term medical treatment are more complex and can lead to settlements that cover ongoing medical expenses and other related costs.
- Disputes Over the Claim: Disagreements between the worker and the employer or insurance company about the nature of the injury, the necessary treatment, or the degree of disability can prompt negotiations toward a settlement.
- Compromise Settlement Agreements (CSAs): The willingness of both parties to enter into a compromise settlement agreement, which may involve terms different from standard benefits, can also have an influence over the resolution of the case.
- Legal Representation: Having the support of an effective and thorough attorney can impact the likelihood and terms of a settlement. Attorneys can negotiate more effectively, hold strategies that support their clients’ interests, and ensure the legal process is fair and covers all necessary aspects.
Each workers’ compensation case is unique, and the decision to settle is often based on a combination of the above factors and more.
What Do Workers’ Compensation Settlements Cover?
Workers’ compensation settlements are designed to provide financial compensation to employees who have suffered work-related injuries or illnesses. These settlements can cover a range of expenses and losses, depending on the factors and needs of each case. Settlements often include compensation for past, current, and future medical costs related to the injury or illness. This includes costs related to doctor visits, surgeries, medications, physical therapy, and more.
Compensation can be available for lost wages due to the inability to work while recovering from an injury in the form of temporary partial or total disability benefits or, in the case of permanent impairment, permanent partial or total disability benefits. In some cases, costs associated with vocational rehabilitation services can also be included in settlement amounts.
FAQs
Q: Does Surgery Increase Workers’ Compensation Settlements in North Carolina?
A: Surgery has the potential to increase workers’ compensation settlements in North Carolina, but the impact depends on various factors related to the specific case.
These factors include the increase in medical costs that surgery typically requires, an increase in permanent partial disability ratings, increased duration of temporary total disability benefits, impact on future medical care, surgery resulting in permanent total disability, and the ability to negotiate for higher settlement amounts. A workers’ compensation attorney can provide specific guidance.
Q: How Long Can You Stay on Workers’ Compensation in North Carolina?
A: You can stay on workers’ compensation in North Carolina for up to 500 weeks or until the injured worker is medically cleared by their doctor to resume their job duties. However, certain types of injuries, known as scheduled injuries, may entitle the worker to permanent partial disability benefits that could continue for a lifetime, depending on the nature and severity of the injury and resulting disability.
Q: How Much Does Workers’ Compensation Pay in North Carolina?
A: In North Carolina, workers’ compensation payments are calculated as two-thirds (66.67%) of the employee’s average weekly earnings at the time of their injury, capped at the legal maximum for the year the disability occurred.
This calculation hopes to provide adequate financial support while the employee is unable to work, helping to alleviate some of the economic burdens associated with their injury. For instance, in 2022, the maximum weekly benefit for workers’ compensation was set at $1,184.00.
Q: Can You Be Terminated While on Workers’ Compensation in North Carolina?
A: You can be terminated while on workers’ compensation in North Carolina for legal and legitimate reasons, and there are protections in place to protect injured employees from wrongful termination based on retaliation for filing a workers’ compensation claim.
North Carolina is an at-will employment state, and employers are legally allowed to terminate employees for any reason or no reason at all, as long as the reason is not illegal (like retaliation). If you have been wrongfully terminated, you can pursue legal action.
Speak With a Workers’ Compensation Lawyer and Learn Your Next Steps
Considering the intricate nature of workers’ compensation laws, seeking advice from a workers’ compensation attorney can be highly advantageous. An attorney can offer tailored guidance based on your unique circumstances, ensuring that you understand and adhere to all relevant regulations. Reach out today to workers’ compensation lawyer M. Reid Acree, Jr., Attorney at Law, to set up a consultation so we can discuss the details of your case.
This professional support can also help protect your entitlement to benefits, navigate any disputes that may arise, and maximize the compensation you receive. The support of a knowledgeable attorney can provide peace of mind as they navigate the legal complexities of your case, allowing you to focus on your recovery.