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

• North Carolina Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• North Carolina Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 10 of 10
  1. #1
    Join Date
    May 2009
    Posts
    62

    Default What Kind of Settlement Should I Get?

    I am 28 years old, live in NC. I have recently had my MMI rating. My doctor said it would be between 3-5 percent. I had a slip and fall at work(no wet floor sign) and had to have knee surgery done, plica removed. I am in constant pain. I have a lawyer. My question is what kind of a settlement should I get? I need to have all future medical, pertaining to my knee. I also cannot do the type of work I did before. Have permant work ristrictions. Please help, this is all kinda of scary.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What Can Kind of a Settelment

    There is all kinds of information on Partial Disability benefits available in the SC WC Act...http://www.comp.state.nc.us/ncic/pag...tute/97-30.htm

    Information on settlement allowed...http://www.ic.nc.gov/ncic/pages/statute/97-17.htm

    How long medical treatment is provided...97-25.1. Limitation of duration of medical compensation.http://www.ic.nc.gov/ncic/pages/statute/97-251.htm

    And how compensation is provided for scheduled loss injuries...97-31. Schedule of injuries; rate and period of compensation. http://www.ic.nc.gov/ncic/pages/statute/97-31.htm which is the determination of a rating, and how many weeks of PD indemity you may be eligible for...that is the settlement dollars you are interested in.

    The medical needs you may have should be spelled out in as much information as possible, and if you need the treatment now, you should get that prior to a settlement.
    If you take a lump sum cash settlement the additional treatment you need could be out of your pocket...something seriously expensive and something you should think about carefully prior to accepting a check.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: What Can Kind of a Settelment

    The rating your doc is suggesting is quite low. I am sure the insurance carrier probably chose your doctor. The NCIC rating guideline says the doc should consider a 10% rating due to the fact that you had reparative surgery to a joint. So if he gives you a 5% or lower, you may need to get a second opinion on the rating from a doc who is more generous. Ask your lawyer about that. But the rating money is only your best bet if you have returned to work and are making as much as you were making when you got hurt.

    If you cannot return to your old work due to the injury, you may be entitled to a lot more money than the rating. They have to pay you TTD until you either return to work, get a full duty release from the doc, or die while disabled from the injury. If you return to work for less money, then you may be entitled to permanent partial disability due to loss of earning ability under NCGS 97-30. Again, consult with your lawyer. If your lawyer cannot explain this to you, then you need to determine whether this lawyer knows enough about work comp to actually help you and optimize your outcome. Lots of lawyers hold themselves out as doing work comp but then you can never find their names on the case decisions on the IC web site......so you may want to start by checking there.
    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

  4. #4
    Join Date
    May 2009
    Posts
    62

    Default Re: What Can Kind of a Settelment

    I haven't been able to return to work, and I will not be able to. I was a CNA and now I am restricted to lifting. I can not lift anything over 40lbs. So I will never be a CNA again. I have been one for nearly 8 years so I have no idea what I will do now.

  5. #5
    Join Date
    May 2009
    Posts
    62

    Default Re: What Can Kind of a Settelment

    Also as a result of my injury I have been diagnosed with post tramatic stress syndrome, and am currently on meds for that. Will that prove pain and suffering/mental anguish. Or do they even care about what has happend to me(and my family) as a result of my injury?

  6. #6
    Join Date
    Apr 2008
    Posts
    66

    Default Re: What Can Kind of a Settelment

    Unfortunatley, w/c does not pay or care about pain and suffering. That only comes out of a personal injury case. That much I do know. lol lol. Although I think they should pay for pain and suffering, cause they do put alot of people through it. But they get away with not having to pay that part.

  7. #7
    Join Date
    May 2009
    Posts
    62

    Default Re: What Can Kind of a Settelment

    So will they not take in account that because of all this I now have a mental issue? That doesn't seem right. This has caused so many problems for me and my family. It seems like the should have to do something!

  8. #8
    Join Date
    Apr 2009
    Posts
    16

    Default Re: What Can Kind of a Settelment

    From my experience, they will cover your "mental issues" if they are proved to be related to your injury. As far as paying for your "pain and suffering" they are not liable for that. I know it doesn't seem right because it is not right but that is the way it is. Trust me, I could write a book on what I went through as a direct result of my injury, from my employer lying about my claim to the insurance dragging their feet but it all doesn't matter to them. It sucks, I KNOW! Hang in there!

  9. #9
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: What Kind of Settlement Should I Get?

    as comp lawyer stated in his post North Carolina allows benefits for loss of earning ability. this is not specific to the various components or bodily areas of your injury and is not based on a rating.
    under those provisions of the law all of your restrictions including your PTSD will be taken into consideration.

  10. #10
    Join Date
    May 2009
    Posts
    62

    Cool Re: What Kind of Settlement Should I Get?

    thanks for all of the help guys, its nice to talk to people that understand what I am going through.

Similar Threads

  1. What Kind of Settlement
    By arnell in forum Pennsylvania
    Replies: 0
    Last Post: 09-26-2009, 09:00 AM
  2. What Kind Of Settlement Can I Expect
    By paparoy1973 in forum Wisconsin
    Replies: 3
    Last Post: 03-19-2008, 01:05 PM
  3. What Kind Of Settlement To Expect
    By evelyn in forum Wisconsin
    Replies: 5
    Last Post: 09-12-2006, 10:26 PM
  4. What kind of settlement to expect
    By m in forum Indiana
    Replies: 1
    Last Post: 12-29-2005, 02:16 PM
  5. What Kind Of Settlement To Look For
    By jennie in forum Illinois
    Replies: 2
    Last Post: 09-21-2005, 11:17 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer