These are cases where a worker cannot return to work in any capacity because of the work-related disability. There are many questions workers who have a total and permanent disability should ask their North Carolina injured worker lawyer. Here are some of them.
nc workers comp
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.
Partial Impairment and Temporary Total Disability Settlements Combined – in North Carolina
The majority of workers compensation settlements fit into this category. These involve injuries which may be quite severe and further involve some type of permanent restrictions on the worker’s ability to return to suitable employment. Because of the worker’s young age, work skills, education, and ability to retrain, the worker will be told to return to work with restrictions rather than being told to retire.
Permanent Partial Impairment Settlements in North Carolina
Workers who return to work at the same job or another job often make the mistake of thinking they cannot get other benefits. This is not true for some North Carolina workers. If a worker has a permanent partial disability or a disfigurement of a covered body part, they may be entitled to additional compensation on top of the lost wage money they got while they could not work.
There are many issues a skilled North Carolina workers’ compensation lawyer will review before agreeing to a settlement or termination of benefits. Injured workers who return to work but with some complication should ask their lawyer these following questions:
Factors in North Carolina Worker’s Compensation Settlements
The trend in many workers compensation cases is towards trying to reach an overall settlement. Injured workers like settlements because they get the money faster and they control the money. Employers and insurance like settlements because it saves on administrative costs, they often do not have to pay if the employee’s condition worsens and for other reasons.
There are many pros and cons to settling a case instead of getting regular payments through the North Carolina Industrial Commission. Many of the factors are discussed in other blogs. Here are some of the broad factors workers should review with an experienced worker’s compensation lawyer.
Medicare Set-Asides (MSA’s) in North Carolina Settlement Agreements
Employees who have an MSA (Medicare Set Aside) account as part of their settlement should get a separate check from the employer or insurance carrier to cover the cost of future medical expenses. Self-administered accounts should be deposited into a separate account that is used just to pay for the employee’s medical expenses – and no other expenses. Some MSAs are not self-administered. Here, the employee will normally get a yearly check for the anticipated medical bills.
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.
North Carolina Worker’s Compensation Mediation Agreements and Unpaid Medical Bills
The mediation agreement, in North Carolina Worker’s Compensation cases, is required to address the issue of unpaid medical bills. The employee, with the help of legal counsel, will make sure the agreement states that the employer and the carrier will immediately pay any and all outstanding medical bills related to your work injuries.
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:
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.
