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

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  1. #1
    Join Date
    Mar 2012
    Posts
    4

    Thumbs up How Are Future Lost Wages Calculated in North Carolina

    -From the age you were at the accident or your current age?
    -Years of life expectancy?
    -Your actual pre-injury wages or the weekly workers comp rate your paid?
    -Federal law says a truck drivers work day in NC is 10 hrs.. How many hours would you have to look at to calculate for future lost wages?
    -What types of bull are they going to pull a future loss wags settlement ex:You wont live as long b/c your on medication.. etc

    Laws to back up any info would be GREAT!
    Last edited by amy6730; 03-09-2012 at 08:28 AM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Are Future Lost Wages Calculated in North Carolina

    Where are you getting that you are entitled to future wage loss?
    PPD indemnity benefits are due based on impairment as a result of the injury.
    If you are able to work, you may be compensated by wage differential.

    All of this would be case specific, talk to your attorney.

    97-31. Schedule of injuries; rate and period of compensation.

    http://www.ic.nc.gov/ncic/pages/statute/97-31.htm

    97-29. Rates and duration of compensation for total incapacity.

    http://www.ic.nc.gov/ncic/pages/statute/97-29.htm

  3. #3
    Join Date
    Mar 2012
    Posts
    4

    Default Re: How Are Future Lost Wages Calculated in North Carolina

    Thanks for the info! I "believe" Im entitled to Future lost wages due to the fact that I am in young & my settlement agreement stated that I was able to return to work 5 hrs per day at light duty according to doctors reports/physical therapy. I was originally settling based on rating. However, I feel future lost wages may be more beneficial in my case. When you say Case Specific.. I seem to be learning that their are no specific rules for future lost wage calculation.. Unlike settling off of a rating where its by the book? Would this be correct? I know I know Ask a lawyer

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Are Future Lost Wages Calculated in North Carolina

    I feel future lost wages may be more beneficial in my case.
    All IW's feel the same.... but WC doesn't pay future wage loss. Certainly not to your life expectancy.
    I was originally settling based on rating.
    That is your 'settlement'. There are no additional cash benefits. And when you say 'settled', what is the current status of your claim ?

    Have you discussed this with your attorney... it all should have been made clear to you before you agreed to any settlement.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: How Are Future Lost Wages Calculated in North Carolina

    Actually, in NC, depending on when you got hurt and your specific situation, you can theoretically be eligible for lifetime disability payments under GS 97-29. A settlement would be based on your current life expectancy, but discounted significantly from that figure to find an amount that the insurance carrier would be willing to pay. But if you have restrictions, that approach may not apply. You may have to proceed under GS 97-30 instead. Depending on your injury date, you either have 300 weeks (from date of accident) of partial disability benefits or 500 weeks (total, not neccessarily imeasured from accident date). In NC, you have options other than the rating under 97-31, depending on your circumstances. I have a continuing legal education paper on my firm website describing how to prove disability in NC comp cases, and that paper may help you to have a better understanding of your situation. You are welcome to go to the web site and download the paper and read it. Or get in touch with me and I will be glad to discuss this stuff with you in more detail. A case I handled, Eudy v. Michelin Aircraft Tire, may also be enlightening. You can find it on the NC INdustrial COmmission database or the NC Courts (NC Court of Appeals opinions) site.

    Your weekly benefit will always be your "compensation rate" as determined in your work comp case. The comp rate is 2/3 of your AWW- your average weekly gross wage for the 52 weeks prior to your injury, in the employment of injury.

    ---------- Post added at 10:37 PM ---------- Previous post was at 10:25 PM ----------

    amy6730, if you are not currently represented by a truly competent workers comp lawyer, then you should consider talking to one at this point. If you are not able to make your pre-injury earnings at this point, then you may have a much better option than the rating money. I almost never advise my clients to take the rating money, because they typically have a better option under NC law. But the insurance adjuster will not tell you about your options; in fact, adjusters sometimes lie and say you don't have any options. This seems to be especially true in the trucking industry.
    Last edited by complwyr; 03-09-2012 at 07:28 PM.
    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

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