The first thing the statute (North Carolina General Statutes: 97-38) looks to, when the cause of death is related to the worker’s work injury or occupational illness, is the timing of the death in relation to the injury or illness. If the timing was within six years of the date of the injury or illness or within two years of the final disability determination date (whichever is later), then the statute dictates who gets the money as follows:
North Carolina Workers’ Compensation Law when the Death is Not Related to the Work Injury
North Carolina General Statute 97-37 deals with a situation where the injured worked dies before all his/her compensation is paid. If the cause of death is unrelated to the worker’s injury then the funds are paid in the following order:
Death Benefits in North Carolina Workers Comp Cases
Workers’ compensation death cases are generally subject to less negotiation than non-death cases, i.e. regular work injuries. This is mainly because the workers’ compensation statutes for North Carolina dictate how much money is available. Unlike non-death cases, there is no need to figure medical bills because there simply aren’t any future bills by reason of the workers’ death.
The Defense Independent Medical Examination (IME)
The insurance carrier will often try to terminate a worker’s benefits by sending the worker to have an independent medical examination. (IME) The doctors who perform these IMEs are often physicians who regularly prepare reports on behalf of insurance companies. They are used to preparing pro-employer reports and even testifying about these reports.
Reasonable Range of Figures for Settlement of your Comp Claim
The total projected sum that is the maximum payout of all the figures that you could possibly be entitled to will not be the amount of settlement. Because it is projected into the future, several other factors have to be considered to determine the potential settlement range of figures. They are as follows:
Settlement Keys in North Carolina Back-to-Work Cases
In considering any overall settlement of a North Carolina Workers Compensation case that is accepted, where the worker can return to work but with medical restrictions, the worker and his/her attorney will likely take a look at the following key items:
Back to Work – Settlement Keys for Return to Work Cases – Physical Restrictions
Workers really need to make sure they properly assess any back-to-work restrictions the doctors impose for settlements – in cases where the worker can return to work with some physical restrictions. In this scenario, the lawyer and worker have calculated the reasonable future comp payments, and future medical costs and any other costs.
Settlement Keys – Back-to-Work with Restrictions – Family Circumstances
Settling a worker’s compensation case when a doctor says you can return to work is especially difficult – if you don’t have any family members or people who you can rely on. These workers need every dollar they can get. Workers with relatives who can help out are under less pressure to get every dollar. They can take less money to settle their claim.
Back to Work with Restrictions Settlement Keys – Educational and Vocational Experience
In the settlement of a back-to-work with restrictions case, the worker will also consider his/her education and work skills. The more education and the more job skills a worker has, the easier it is to get employed. Less education and few job skills can make getting a new job harder or impossible. If getting a …
Work Capacity – Department of Labor Samples
The Department of Labor Uses a DOT (Dictionary of Occupational Titles), to determine what work classification to assign to particular jobs. Work classifications include sedentary work, light work, medium work, heavy work and very heavy work. Workers will be assigned to a particular work classification depending on their physical restrictions. For example, sedentary workers can …
