North Carolina Worker's Compensation - Help For Injured North Carolina Workers

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  1. #1
    Join Date
    Apr 2009
    Posts
    9

    Default What's My Case Worth?

    I was injured 5 months ago. I have disc degeneration, a bulging disc, and sciatica nerve pain. All med bills and weekly benefits are being paid. I have not been given a rating yet if i get one and my pain is no better. Im kinda interested in settling and getting this over. I will not be able to earn the income I was making due to my condition also. What can I get in a settlement? I have heard of pain and suffering,PPD,ETC. What all could i get and what amount of $$$ (ballpark) am i looking at in this kind of wc settlement?

  2. #2
    Join Date
    Oct 1971
    Posts
    3,361

    Default Re: Whats My Case Worth?

    All you're entitled to is wage loss and medical, you can't get pain and suffering in worker comp.
    Settlements are based on your wages, age, education and a number of other factors, there is no such thing as a "ballpark figure".
    Tony
    Last edited by tony; 04-01-2009 at 11:04 AM.
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    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Apr 2009
    Posts
    9

    Default Re: Whats My Case Worth?

    I guess im just really mixed up. I just dont understand I have an attorney and I am recieving weekly compensation, and medical bills are paid. I know he would not have taken my case if there was no settlement made to benifit him. What im trying to say i guess is why is he so interested in my case if im getting benefits and hes recieving nothing. Should I keep him>?

  4. #4
    Join Date
    Oct 1971
    Posts
    3,361

    Default Re: Whats My Case Worth?

    Never said there's "no settlement"...I'm saying there's no fixed figure.
    It depends on your disability rating when you reach mmi, and alot of other factors.
    A day will come when they'll cut you off and leave you high and dry, that's when your attorney will earn his money.
    Eventually they will settle, when and how much is a million dollar question.
    Good Luck
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  5. #5
    Join Date
    May 2008
    Posts
    239

    Default Re: Whats My Case Worth?

    you mention your lawyer is reciving nothing at this point- check your stub, I know in Pa. they get a percentage up to 20% out of your weekly/bi-weekly check. he may be getting paid and you just didn't realize it. here it is taken right out of your benefit check.
    my case is a little over a year now, and its a roller coaster ride, so hang in there and ask alot of questions.
    feel better!
    iod

  6. #6
    Join Date
    Apr 2009
    Posts
    9

    Default Re: Whats My Case Worth?

    my wc case is 5 months old and he gets none of my pay for the first year then after the years out he gets 1 out of every 5 checks i recieve im in nc

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,956

    Default Re: Whats My Case Worth?

    Sometimes it takes a couple of years for the case to "ripen" such that it makes sense to settle it. Be patient. Tony is exactly right; eventually the insurance company will try to terminate your benefits, and the lawyer will earn his money.

    Many of us NC lawyers do not take any fee out of the ongoing checks until we are sure we have added value to your case.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  8. #8
    Join Date
    May 2009
    Posts
    2

    Thumbs up Re: Whats My Case Worth?

    Quote Quoting shawnw315 View Post
    I was injured 5 months ago. I have disc degeneration, a bulging disc, and sciatica nerve pain. All med bills and weekly benefits are being paid. I have not been given a rating yet if i get one and my pain is no better. Im kinda interested in settling and getting this over. I will not be able to earn the income I was making due to my condition also. What can I get in a settlement? I have heard of pain and suffering,PPD,ETC. What all could i get and what amount of $$$ (ballpark) am i looking at in this kind of wc settlement?
    Shawn - I do not think 5 months is long enough for you to recover from the injuries you have sustained. I was injured by being run over by a vehicle at work over 2 years ago. I started receiving wc after letting my employer know that I had retained a lawyer. I have had a triple back fusion due to injuries received. It has not been quite a year since I had the surgery, and I am no better. I drew wc for 2 years and then settled for a lump sum this year. I listened to my attorney because I trusted him and now I regret it. I settled for a low 6 figure amount of which he received 25% (nc law). My employer made me sign a form not to disclose my settlement. I don't think that is even legal. Just don't rush into a settlement as long as you are drawing wc. I regret that I did. Learn from my mistakes.

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,956

    Default Re: Whats My Case Worth?

    Nana is correct. If you are in a hurry to settle, you will screw yourself out of a lot of potential settlement money. Patience is what you want to have right now, and just work on getting better and getting back to the point where you can make a living. Then worry about settling.

    Good luck. Bob
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  10. #10
    Join Date
    Aug 2007
    Posts
    44

    Default Re: Whats My Case Worth?

    ShawnW, I agree with Nana and others that you may be looking to settle your claim prematurely. It hasn't been long enough for you to know the after effects. Oh, and Shawn, your attorney will recieve his benefits, trust me. Like someone else mentions, he can recieve every 4th check of your weekly benefits, and it won't be deducted from his/her 25 or 30% of your settlement they he or she will receive when you do settle. Be patient and allow your case to build some value, meanwhile give yourself time to make certain you are completely healed or at mmi before thinking of settling your case.

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