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  1. #1
    Join Date
    Jun 2021
    Posts
    8

    Default To Settle or Not to Settle That is the question

    I was injured 2 years ago on a job. I have had two discs replaced in my neck , Surgery that was performed one year ago.
    If I am correct I believe I have three years after Original injury date before I have to settle or not, which means I only have approximately 11 months to decide.
    The injury seems to be worsening after the surgery at this point. Which is concerning for the future.
    If I do settle(close the case)I’m just wondering ( in the future on a new job) do I have the right to open a new claim on the same (affected )Injured area ? will they pay for Surgery on the same surgery area of the original claim if needed?
    •My lawyer claims that there is an a “ aggravated”
    Or “lit up” provisions of opening A new Claim
    In the future for the same injury . Is this true?
    •My lawyer also claims that once my case is close if I do injure myself at home and it affects the same previous Workmen’s Compensation injury my insurance would pay for it. Is this true?

    I’m just trying to make an educated decision on either taking the lifetime medical or settling so as I can get better care with my own insurance.
    Any advice would be appreciated thank you
    Last edited by Scared back one; 07-04-2021 at 07:56 AM. Reason: Spelling

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,812

    Default Re: To Settle or Not to Settle That is the question

    What state has jurisdiction of your claim?

    How much workers' comp experience does your lawyer have?

    Every state has its own set of laws on this stuff. No two states are the same. And a well-seasoned lawyer who has handled a lot of workers' comp cases in that state (and taken some of them to trial) is better than one that does not have a lot of experience.
    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. #3
    Join Date
    Jun 2021
    Posts
    8

    Default Re: To Settle or Not to Settle That is the question

    It was in Chicago Illinois but I was working through Los Angeles, I was paid through Los Angeles and Chicago it was a location job

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