An average workers’ compensation disability settlement in NC may range from a few thousand dollars to over $100,000.
A Wilmington, NC disability settlement is based on North Carolina law, factoring in wages before injury, the severity of disability, and whether continued medical care is included in the settlement.
Understanding Settlements in Wilmington, NC
North Carolina law applies to workers’ compensation settlements in Wilmington, NC.
Settlements can vary significantly from case to case for various reasons.
- Different settlements contain different things. For example, some settlements include an amount for future medical care, while others allow the worker to seek additional medical care through workers’ comp insurance.
- There are different ways to structure a workers’ compensation settlement. Usually, there is a one-time, lump sum payment, but there can be structuring.
- The person’s average weekly wage and the extent of permanent disability can significantly impact the appropriate award.
- Settlements are voluntary, and the parties can decide what they want to include. Individual circumstances and preferences can impact a settlement award.
Because there are varying factors that can impact a settlement, it’s hard to compare different agreements and determine an average. Your case may be more or less than average.
Consultation with a Lawyer
Horton & Mendez Injury Attorneys helps people maximize their workers’ compensation settlements in Wilmington, NC. Consulting with an attorney is the best way to know what you might receive for a settlement. We invite you to contact us to learn what your settlement may be worth and how an attorney can help.
What Is a Workers’ Compensation Settlement?
A workers’ compensation settlement is a voluntary resolution to a workers’ compensation claim. It may resolve some or all rights and issues present in the claim.
A settlement is voluntary, meaning you don’t have to accept a settlement offer. Instead, you can take your case to a hearing where a neutral hearing officer decides the case. The hearing officer’s decision may be more or less than the settlement offer.
Sometimes, it’s best to accept a settlement, while in other cases, it may be best to have a hearing in other cases. A lawyer can help you determine how to proceed in your case.
Preparing Your Settlement
A workers’ compensation settlement addresses the following:
Number of weeks of temporary total disability paid
The number of weeks the person is completely out of work, calculated by the average weekly wage.
Number of weeks of temporary partial disability paid
Like total disability, but when the loss of earning capacity is only partial.
Number of weeks of permanent partial disability
Calculated based on impairment rating following Maximum Medical Improvement (MMI).
Disfigurement amount paid
Compensated for permanent disfigurement, especially if it is on the face, neck, and other areas exposed in employment.
Loss of an organ or body part
Compensated for loss of a body part.
Medical payments
A settlement agreement may finalize medical payments. If so, the person must receive medical care on their own going forward. If this is not the case, a person may still receive medical care paid by the employer or their insurer in the future.
Including medical in your settlement
There isn’t one right or wrong answer when it comes to whether you should include future medical care in your Wilmington, NC, workers’ compensation settlement. It may depend on how certain you are of future medical care. Access to medical insurance may be an important factor, and you may have a preference to use your own doctor going forward.
A lawyer can advise you of the best way to proceed in your circumstances.
Procedural steps
North Carolina law requires certain procedural steps when entering a workers’ compensation settlement. Form 28c summarizes the settlement agreement. Rule 502 lists the requirements for compromise settlement agreements. Certain language must be included, such as the employee knowingly and intentionally waiving the right to future benefits under the Workers’ Compensation Act. Some of the language requirements vary depending on the specifics and whether the employee has returned to work.
A compromise settlement agreement must be submitted to the Industrial Commission for approval. Supplemental documents may be required, including medical, vocational, and rehabilitation reports.
The parties and all attorneys of record must sign the settlement, and a lawyer can help you with these critical steps.
Settlement Hearings and Contested Proceedings in Wilmington, NC
North Carolina holds workers’ compensation hearings in several places, including Wilmington. If you have a hearing, be sure to check the hearing information to determine the location. Your attorney can guide you on where to direct correspondence, whether it is the main office in Raleigh, the Wilmington regional office, or another location.
Pain and suffering?
North Carolina does not compensate an injured worker through the workers’ compensation system for pain and suffering.
Unfortunately, that means that physical anguish is not included in average settlement amounts. There are some circumstances where an injured worker may qualify for a third-party claim that may include pain and suffering.
Calculating a Workers’ Comp Disability Settlement—an Example
A worker has lost the use of their leg. Their impairment rating is complete (100%).
Under North Carolina law, they may claim 66 2/3% of their average weekly wages for 200 weeks. The person’s average weekly wage was $1400 per week, and 66 2/3% of that amount is $933.33. Multiplied by 200 weeks, this worker may receive $186,666 in disability compensation for loss of use of the leg.
This is a way to calculate what disability compensation a person may deserve. However, there are other elements and considerations that may be a part of a settlement.
See the North Carolina Workers’ Compensation Settlement Calculator.
Get Legal Help
Wilmington, NC, workers’ compensation claims may result in a settlement, and your case may or may not be average.
What’s important is that you receive what you deserve.
Horton & Mendez Injury Attorneys helps injured workers get their workers’ compensation settlements. We investigate, value your case, pursue settlement negotiations, and draft your agreement.
Call or message us today. Get your free consultation and legal help now.
