Workers’ compensation head injury settlements in Gastonia follow North Carolina workers’ compensation laws. The National Safety Council (NSC) reports that injury to the brain or central nervous system results in the most costly lost-time workers’ compensation claims. Brain injuries involving lost time from work averaged $91,844 in 2021-22. Your settlement may reflect many factors and may be more or less than average.
Settlement for Brain Injury Workers’ Compensation Claim Gastonia, NC
A brain injury workers’ compensation settlement in Gastonia, NC, may include compensation under N.C.G.S. § 97-31 for permanent partial disability. A severe brain injury may qualify for benefits under N.C.G.S. § 97-29 if the person has completely lost their earning capacity.
A settlement can be structured in different ways. For a brain injury, whether the settlement will include the continuing right to medical benefits is an important consideration.
You may have representation from an attorney for brain injury workers’ compensation in Gastonia, NC.
Understanding Workers’ Compensation Brain Injury Claims
- A brain injury may be the basis of a workers’ compensation claim.
- Other injuries are not required, but if present, they may also be compensated.
- Brain injury may be entirely internal. Visible injury is not required.
- Benefits may be awarded without having to prove employer fault.
- The claim starts with reporting the accident and injury to the employer. The injured person should receive urgent or emergency medical care.
To receive a settlement for a workers’ compensation head injury, you must bring a claim.
You may have representation from a lawyer.
Representing Workplace Brain Injury Victims in Gastonia
Horton & Mendez Injury Attorneys represents workplace brain injury victims in Gastonia. You have rights, and our lawyers can help you exercise those rights effectively.
Call or message us to talk about your case and get legal help now.
Settlements for Brain Injury on the Job
- One way to resolve a claim for benefits is through settlement.
- For brain injury workers’ comp claims, a settlement may be a full or partial resolution of your right to compensation.
- Because of the severity of any brain injury, it’s important to know what you are signing.
- Settlements are subject to approval by the North Carolina Industrial Commission (NCIC) and must fairly reflect the person’s right to benefits.
Causes of Head Injury on the Job
- Motor vehicle accidents
- Equipment accidents and malfunction
- Falling objects
- Slip and fall, fall from an elevated height
- Electrical accidents
- Chemical and toxic exposure
- Piercing or caught-between injury
NC workers’ compensation is awarded on a no-fault basis.
Types of Head Injuries
- Concussion
- Skull fracture
- Contusion, hemorrhage
- Coup-contrecoup
- Oxygen deprivation
- Grey matter damage
A head injury can cause serious disruption in brain function, which may impact cognitive function. In addition, it can impact bodily systems, including breathing, circulation, the reproductive system, the nervous system, and mobility.
How a Lawyer Can Help
Taking the steps
To receive a settlement for a head injury, you must report the accident and take procedural steps. A lawyer can guide you through this process and file paperwork on your behalf.
Building the evidence
Brain injury claims often rely on significant medical evidence. You must prove the extent of the injury and the nature of the impairment. A lawyer can help you gather the medical information and challenge insurance company disputes about your medical condition.
Valuing the case
There are several types of benefits. Our lawyers know how to value a claim, making sure that your settlement includes the compensation you deserve.
Negotiating your settlement
A Gastonia workers’ compensation settlement for a head injury may be a compromise settlement with a clincher agreement. This type of settlement fully resolves all rights to compensation. On the other hand, a Form 26A settlement resolves disability but may allow the injured person to receive medical compensation within two years of the last employer-paid compensation.
Gastonia Workers’ Compensation and Impairment Benefits
Types of benefits
A worker’s compensation claim for head injury may include:
Medical benefits
Including paid medical care until the person reaches maximum medical improvement.
Medical benefits may include emergency and urgent care, diagnostic and evaluation measures, therapy, and medical supplies.
Income replacement
If you are unable to work, you may qualify to receive replacement income. In North Carolina, income replacement is paid at a rate of 66 2/3% of average weekly wages, with a maximum amount set by law. Generally, income replacement is paid until you return to work or for 500 weeks, but there are exceptions.
Disability benefit
When the injured worker has a disability that persists despite medical treatment, they may receive an impairment award. The extent of the head injury may be a critical question in determining the appropriate award.
Brain Impairment Compensation
Disability compensation
Impairment to a specific body part may be addressed under N.C.G.S. § 97-30 and § 97-31. The extent of permanent injury determines the appropriate award. Head injury may be covered under § 97-31(24), which compensates loss or permanent injury to an internal organ not covered elsewhere up to $20,000.
Total and permanent impairment
A person with a head injury may qualify for total incapacity compensation under N.C.G.S. § 97-29. After 425 weeks of total disability compensation, the person may apply.
The employee must prove by a preponderance of the evidence that they have a total loss of wage-earning capacity. Social Security, awarded at retirement age, may reduce an award by 100% of the benefit.
To qualify, a brain injury must be severe and permanent. The person must have any of the following:
- Sensory disturbances
- Motor disturbances
- Communication impairment
- Complex integrated disturbances of cerebral function
- Neurological disorders
Qualifying for total and permanent disability can significantly impact a settlement award and how to pursue the case. A lawyer can assist you in building the evidence and handling your case.
Our Gastonia Attorneys
Our lawyers offer:
- Free consultations
- No fee unless you win
- An easy sign-up process
- Complete representation
- Answers to your questions
We’re taking new cases now.
Talk to a Lawyer
We invite you to talk to a Gastonia workers’ compensation lawyer for head injuries. See if you qualify to receive a settlement and how an attorney can assist you. Call or message Horton & Mendez Injury Attorneys today.
