Horton & Mendez Injury Attorneys can assist you with your Jacksonville workers’ compensation head injury settlement.
Our lawyers help Jacksonville workers get the settlements they deserve. Call 910-405-7751 or message us to discuss your case and start today.
Understanding Workers’ Compensation Head Injury Settlements
A workers’ compensation head injury settlement resolves a claim based on a workplace injury or occupational disease. A settlement is agreed on by the parties and is voluntary.
In Jacksonville, NC, head injury workers’ compensation settlements can vary in the terms included and the amount paid.
It’s important to understand what you are signing and what you will receive in a settlement.
You may have legal representation from a Jacksonville workers’ compensation head injury settlement lawyer. Horton & Mendez Injury Attorneys is taking new cases now.
What Can Be Included
Things that may be included in a Jacksonville brain injury workers’ comp settlement include the following:
Temporary Total Disability (TTD)—Compensation for lost wages due to the inability to work. This may be paid partially if the loss of earnings is partial.
Permanent Partial Disability (PPD)—Payment for permanent impairment that lingers despite medical treatment.
Vocational rehabilitation—Assessment and services that would help the person return to suitable employment.
Medical care—Compensation for any future medical care that the person may receive for the injury.
What To Include
What you should include in a workers’ comp head injury settlement depends on your situation. One important consideration is whether future medical care will be included in the settlement. When a compromise settlement agreement includes a clincher, the person gives up their right to future medical care. You can also reach a settlement that retains the right to future medical care.
What’s best for you depends on your situation. Our lawyers can negotiate on your behalf and draft the agreement to protect your interests.
Jacksonville, NC Brain Injury Workers’ Comp
Brain injury workers’ comp claims in Jacksonville, NC, fall under North Carolina law. The North Carolina Industrial Commission administers the Workers’ Compensation Act. Our law firm handles brain injury settlement claims in Jacksonville, NC, and the surrounding areas.
Ways head injuries occur in the workplace
- Slip and fall accidents
- Car accidents, accidents during travel
- Electrical malfunctions
- Falling objects
- Machinery accidents
- Explosions
- Moving objects
- Toxic and chemical exposure, asphyxiation
Average workers’ compensation head injury settlements
A workers’ compensation settlement for a head injury may be only a few thousand dollars or $100,000 plus. It depends on how severe the injury is, the extent of income loss, and whether the right to future medical care is included in the settlement.
Your case may be more or less than average. The best way to know what you might receive for your case is to have a personal consultation with an experienced attorney.
Types of Brain Injuries
The types of brain injuries that may be the basis of a workers’ compensation head injury claim include the following:
- Concussion
- Penetrating injury
- Closed-head injury
- Loss of consciousness
- Skull fracture
- Hematoma
- Grey matter injury, contusions, diffuse axonal injury
- Paralysis and related bodily systems dysfunction
- Non-traumatic brain injury
Partial disability compensation for brain injury
An important part of a settlement for brain injury workers’ compensation is disability. To the extent that a person has lasting disability following medical treatment, they may receive workers’ compensation. This amount is in addition to funds paid for temporary lost wages.
Determining the extent of disability is an important consideration for a settlement amount. North Carolina uses a schedule for injured body parts, which considers the extent of disability and the person’s average weekly wage to determine an appropriate award. However, brain injuries aren’t expressly listed on the compensation chart. Impact to other body parts may be considered, head disfigurement may be compensated, or compensation may fall under the “other” category on the list. A lawyer can help you evaluate what you may deserve and how to maximize your payment.
Permanent brain injury and the 500-week exception
Usually, workers’ compensation is payable in Jacksonville, NC, for up to 500 weeks. However, in the case of severe brain injury, payments may continue indefinitely, including for a lifetime.
Qualifying injury may include:
- Sensory or motor disturbances
- Communication impairment
- Complex integrated disturbances of cerebral function
- Neurological disorders
If a person qualifies for lifetime status, they may receive lifetime medical benefits even if they eventually return to work.
The person must prove their right to extended benefits by a preponderance of the evidence.
A person may file for extended benefits after 425 weeks of benefits.
Knowing that brain injury compensation may continue past 500 weeks in severe cases should be a consideration in how you approach any claim involving head injury. It’s best to involve a lawyer in the process as soon as possible. A lawyer can help you determine if you qualify for this exception, if it’s best to settle the case, and what timing is most advantageous.
Only severe brain injuries causing long-term impairment qualify for this exception. If your case qualifies, it can significantly impact a workers’ compensation claim. Talk to a lawyer to see if your case meets the criteria.
Assistance from a Jacksonville, NC lawyer
A lawyer can help you with:
- Preserving your right to benefits
- Filing the paperwork
- Knowing what to do after an injury occurs
- Explaining what your case is worth
- Calculating your average weekly wage
- Advising you about a settlement offer
- Drafting the language of your settlement offer
- Responding to ways that the employer may try to deny or limit your claim
- Making sure that you understand what you are signing
At Horton & Mendez Injury Attorneys, our Jacksonville workers’ compensation lawyers take care of everything needed for your brain injury settlement.
Talk to a Lawyer
Our lawyers know how the insurance companies think because we used to work for the insurance companies. We used that experience to create our law firm, where we advocate for injured people.
If you’ve been hurt, you can have help with a Jacksonville workers’ compensation brain injury settlement. Call 910-405-7751 or message Horton & Mendez Injury Attorneys today.
