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.
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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:
Additional factors in North Carolina Worker’s Compensation Death Cases
There are some complications that can arise in workers’ compensation death cases. So far, the courts have said that spouses who are committing adultery still get benefits. But if the spouse signed a separation agreement waiving all rights to support, then the spouse would not get “widow” benefits.
Widows and Children – Additional Considerations in NC Workers Comp Death Cases
Disabled widows and widowers
Normally, the widow just gets 400 weeks (now 500 weeks) in wage benefits from the date of death of the worker. But if the widow or widower is disabled, then the widow or widower gets benefits for the rest of his or her lifetime unless they remarry.
Abandoning Parent and No Next of Kin under NC Workers Comp Law
In determining the eligibility for death benefits when a worker dies, North Carolina places first priority on whole dependents. Partial dependents get second priority and the Next of Kin get third priority. The North Carolina Worker’s Compensation statute excludes parents who abandon their child from being a next of kin. When there are no dependents and no next of kin, then nobody gets any of the comp benefits even if the worker left all the money in a Will to a non-relative.
Next of Kin in North Carolina Worker’s Compensation Death cases
North Carolina General Statutes 97-40 defines who qualifies as a next of kin in North Carolina Worker’s Compensation death cases. The “Next of Kin” of the worker will be entitled to whatever benefits exist if the worker did not have any whole or partial dependents.
