North Carolina Workers Comp Articles | Joe Miller Law, Ltd.

Unique Situations in North Carolina Injured Worker Settlements

There are many unique situations in the settlement of North Carolina Worker’s Compensation cases. Here a just review. For a full review of your situation, please contact my office.

Partial Disability Settlements. Some employees can return to work but at a lower pay rate before they were injured. Workers in this scenario are allowed the weekly difference of the amount they previously earned minus the amount they now earn – times 2/3. This rate is available for up to 500 weeks under the revisions to the North Carolina worker’s compensation statute.

What Happens after the Mediation Agreement is Signed?

After the mediation agreement is signed, the defense lawyers for the employer and the insurance carrier will prepare a full agreement detailing the worker’s injuries, medical treatments, the settlement terms and the language that says the employee releases the employer from liability once the agreement terms are fulfilled. It takes one or two weeks to prepare the full agreement. The full agreement is then sent by e-mail or regular mail to the employee’s lawyer for review. If your North Carolina worker’s compensation lawyer recommends it, he or she will advise you to sign the agreement and return it to his or her lawyer.

Enforceability of North Carolina Worker’s Compensation Mediation Agreements

Once everyone has agreed to the terms, the employee wants to make sure the employer or the carrier doesn’t back out of the deal. Sometimes, after mediation, the employer will decide they want to change the terms for some reason. With the help of legal counsel, a properly prepared mediation agreement can be enforced. This means the employee can force the employer to comply with the terms of the agreement in front of the Commission and ultimately in a Court of Law.

Do’s and Don’ts for Mediation of North Carolina Worker’s Compensation Cases

Mediation is a mandatory process in North Carolina where unless the Parties object, an opportunity is provided to resolve the client’s claim. The Parties and their attorneys get together in an informal setting. A Mediator is someone who the Parties agree to use to help facilitate a settlement of the claim. The Mediator really does not decide anything. He or she is just there to help the Parties come together and try to resolve the claim.

Compromise Settlement Agreements in North Carolina Worker’s Compensation Cases

When an employee is injured or suffers an occupational disease, the employer (or carrier or administrator) and the worker can enter into a compromise settlement agreement. Rule 502 of the North Carolina Industrial Commission Rules sets forth the requirements for the compromise settlement agreement:

Request for an Award by the North Carolina Industrial Commission

In uncontested cases, the beneficiaries and the employer/carrier can request that the North Carolina Industrial Commission enter an award without the need for presenting testimony. The parties are then to file the paperwork by joint stipulation. The paperwork can be filed electronically.

The North Carolina Rule 409 procedure for Death Settlements

The North Carolina Industrial Commission has specific rules for how to handle death benefits in workers’ compensation cases. There are many parts to the rule:

Difference between Related and Unrelated Causes under the NC Workers Compensation Death Benefit Laws

If the cause of the worker’s death is unrelated to the worker’s injury or occupational illness, then the payout is usually small. On the other hand, if the cause of death is related to the employee’s injury or occupational illness, then the payout is 400 to 500 weeks of 2/3rds of the average weekly wage plus burial benefits. For this reason, if there is reasonable argument that the death is related to the injury or job illness, then it makes sense to try to prove that causation did exist.

New Pressure to Resolve Cases and Obtain Vocational Rehabilitation

There is a plus side to the new North Carolina Worker’s Compensation law as it relates to vocational rehabilitation professionals. N.C.G.S. 97-32.2. can now be used to pressure the insurance carrier to resolve your claim and to get you retrained for new work. Prior to the new law, vocational rehabilitation was rarely a viable option …

Pressure from Vocational Rehabilitation Professionals in North Carolina

In 2011, North Carolina passed a revised Workers’ Compensation Law. One of the changes makes it easier for vocational rehabilitation professionals to help the insurance carrier cut off worker benefits. There are two key time frames from the point of view of the law. The first is before the worker reaches maximum medical improvement. (MMI) …