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  1. #11
    Join Date
    Dec 2013

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    COMPLWYR ........YOUR DA MAAAAN... OR WOMAAAAN But either way THANK YOU VERY MUCH FOR ALL THE INFO YOU SENT. I'm totally up to speed now on all this whirlwind WC process. I start rehab on 2/18/2012 and have a strong feeling I will be doing it for life. So I take it rehab will be in my settlement as part of the Lifetime Medical treatment my lawyer said I WILL receive. I've seen on here some monetary amounts including Lifetime medical on here be as much as $350k+ due to my injury and knowing Ill never be 100% Does this money number seem realistic or could I receive more or probably less? Just curious cause I'm very worried about my future, My Lawyer says my company will more than likely ask for a Voluntary Resignation because I most likely won't be able to do my same job. My position is one of the highest paid there. And I'm not going to do something else for less than I was qualified to do before the injury. My Lawyer says that the WC INS is responsible for retraining me via vocational rehab or sending me to school to learn a new trade or career. I would rather just take my settlement if it is what Im told it will most likely be and work for myself. Be my own boss. I can think of lotsa things I can do to be self employed.But during the rehab process being I'm supposedly done with surgeries,what should I expect the next step in my situation during or after this rehab?

  2. #12
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    Driver, thanks for the kind words. And I am a guy. Keep in mind that "settlement" and "lifetime medical" are mutually exclusive in NC. You cannot get the lifetime medical if you settle on a clincher agreement. The carrier may throw in some extra money to cover future medical if you settle on a clincher and resign but it won't be a whole lot, typically nothing like the number you suggested.

    The only way to get lifetime medical is to accept payments on form agreements and keep your medical open and deal with them when you need medical. Keep in mind that if you are unable to work due to the injuries the form agreement can (theoretically) provide for ongoing TTD and not just the rating money. And you need to get a Form 18M approved to get lifetime medical, as well. And it will not get paid to you anyway. It gets paid as needed to the medical providers. So I think your understanding of what you may get for future medical is not quite accurate.

    Make sure your understanding of "carrier retraining me via vocational rehab or sending me to school to learn a new career" is accurate. I have practiced work comp law in NC since 1991 and I have yet to see either of those things actually happen. "Vocational rehab" in NC means that they will hire a case worker to ride your butt with a job search for months and no significant re-training is involved. They may pay for you to take a computer course or two at community college, but mostly it is just a monitored job search, and if you fail to comply adequately, then they move to cut off your weekly checks with Form 24.

    I did settle a case a couple years ago for a truck driver who could not return to that job due to his injury, and I got him enough money for him to go back to school for two years to learn to be a watchmaker. But he had to pay for all that out of his lump sum final settlement, with no future med coverage and a resignation. After two years of school I think he had spent almost all the settlement but he had a new career that paid pretty well.

    One additional point--TTD is limited to 500 weeks for injuries that occurred after 6-24-11 but after 420 weeks, you can file for a hearing to get the 500 weeks extended for lifetime if you will be unable to return to work in any capacity as of 420 weeks post injury. In effect, you can get lifetime indemnity benefits in spite of the 500 week limit. See NCGS 97-29 (2011 version). This provision is so new that no one yet knows exactly how it will pan out.
    Last edited by complwyr; 02-14-2014 at 08:05 AM.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  3. #13
    Join Date
    Oct 1971

    Default Re: What is a Typical Settlement for Total Knee Reconstruction

    Quote Quoting Cammie77 View Post
    I had mcl repair,acl replacement and microfracture surgery after getting hurt at work now I have to have a second surgery to replace all of my knee cartilage does anyone know a possible settlement outcome for this type of injury
    Depends on if you're represented by an attorney or not.
    The only way to find out is to consult a lawyer and have him analyze the details of your claim - there's no such a thing as a average settlement, they vary depending on several variables.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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