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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

How do I go about trying to get a “clincher” or settlement on my case?

In North Carolina Workers’ compensation cases, this is mostly accomplished through a process known as Mediation. In a contested case, unless one or both parties can get an Order from the commission to dispense with mediation, it is mandatory. That means that in most cases where an attorney becomes involved in the case, and there is a dispute, the compensation carriers expect that the matter is likely to end up in mediation.

We have found that mediation is a highly effective tool to assist the parties to try to resolve the case, and in most cases, particularly in accepted cases, it is probably your best chance to obtain a clincher in your case; however, there are often circumstances, particularly in contested cases, where we must first seek a hearing with the Commission to resolve a specific issue with respect to your case before we attempt any mediation. Otherwise, you may be heading into mediation from a position of weakness and uncertainty. That is never a good place to be. Each case must be examined on its own merit.

Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.