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SeiferFlatow PLLC Blog

What is a fair workers’ compensation settlement?

Posted by Mathew Flatow on Apr 11, 2017 6:22:54 AM

Whether you work in an industrial, office, or retail setting, there is always going to be the possibility that you are injured on the job. Workplace accidents can take on many different forms, ranging from slip and falls, injuries caused by falling materials, overexertion, exposure to harmful chemicals, injuries resulting from workplace conditions and practices, highway accidents, and the actions or inactions of co-workers.

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Written notice of workplace accidents should be provided to employers within 30 days of the injury and claims filed with the North Carolina Industrial Commission within 24 months of the injury.

Those with valid claims are entitled to medical care, compensation for wages lost from being out of work, and compensation for permanent injury.

The workers’ compensation system can be confusing to navigate.  As you near the end of your treatment, you may be thinking about settling your claim.  But what is a “fair” settlement?  

Having a workers’ compensation attorney by your side during this process will help ease your fears, as your attorney will work to get you everything you are entitled to under the system.

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Workers’ compensation in North Carolina is a limited recovery system.  This means you cannot recover for pain and suffering.

Instead, you are entitled to lost wages and medical compensation. Depending on your circumstances, this could include: your weekly compensation rate (which is 2/3 your average weekly wage) for any time you were completely out of work due to your injury, a sum for any period you were working light duty and not earning as much as you were before your injury, costs you have paid medical providers, costs still due to medical providers, reimbursement for mileage for certain medical travel, the monetary value associated with any permanent disability rating, future time out of work, and future medical expenses.  

An experienced worker’s compensation attorney can guide you through the process of determining aspects such as future time out of work and future medical expenses.

Ultimately, there is no universal “fair” settlement.  Each settlement is unique, and numerous factors will play into your monetary recovery.  Once you settle with an insurance company, you are agreeing to completely close out your claim.  This means you waive your right to seek ongoing and future benefits and you waive the right to reopen your claim.

Contact SeiferFlatow, PLLC at 704-512-0606 to schedule a consultation prior to discussing settlement with an adjuster.

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Topics: Workers' Compensation