No attorney can or should approve settlement of any legal matter including a North Carolina worker’s compensation case without your permission. Your lawyer works for you and you have the right to be informed and the right to make the decision as to settlement. As a practical matter, workers’ compensation settlements are approved through a strictly enforced process which requires that the client sign off on the settlement before it will be approved. The most a North Carolina Workers’ Compensation lawyer can do is recommend a settlement and explain the pros and cons of settling versus continuing with the litigation.
Most settlements in North Carolina take place through a mediation process. Your Workers’ Comp lawyer will work for you during this process. The main aim in mediation is to try to settle the case or to minimize the issues that have be tried before the Commissioner at any eventual Hearing. Keep in mind that statistics show that roughly 70% of North Carolina Workers’ Compensation Claims are settled in mediation. The figures for our law firm are higher, because we make sure that we use mediators who are thoroughly familiar with North Carolina Workers’ Compensation law.
BOTH the injured employee and the lawyer need to sign off on the agreement on North Carolina Workers’ Compensation forms. After the forms are signed, the attorney for the insurance company will prepare a more detailed agreement which again, the client will need to sign with input from the lawyer.
When Will a Lawyer Sign The Agreement?
Only after the client has signed the detailed agreement will the lawyer sign the agreement/settlement. The lawyer will then send the signed agreement and the legal fee agreement letter to the defense counsel. The defense counsel will sign the agreement and make sure the employer and worker’s comp insurance representatives sign it too. The fully signed agreement will then be sent to the North Carolina Industrial Commission who will issue a Final Order that matches the terms of the agreement.
When Will I be Paid for My Workers’ Comp Settlement?
There are some protections in place, namely, that the North Carolina Industrial Commission is required to review any settlement agreement before entering a Settlement Order. If it is approved, once the Final Order is signed/entered, the client and the lawyer will be paid the agreed to sums in the agreement in a maximum of 47 days. The money usually arrives well before then. 47 days = 30 days for a technical Appeal, plus 14 days allowed for payment, plus three days for mailing. If the workers compensation insurance company fails to pay after that time, the defendants are subject to a 10% penalty. That could end up being a significant amount of money.
If you are involved in a North Carolina Workers’ Compensation case, now is the time to call Attorney Joe Miller. Joe and his team at their North Carolina law firm office know the issues and formalities involved with settlements of NC workers’ compensation cases. He’s been helping injured victims for over 25 years. Contact him today at by phone at 888-694-1671.
