Sometimes, a workplace accident can cause multiple injuries. Additionally, two or more injuries might happen in separate incidents.
If you have multiple injuries on the job, you should understand multiple injuries workers’ compensation settlements. Our experienced Wilmington workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain what you need to know.
What Counts as Multiple Injuries in a NC Workers’ Compensation Claim?
Several situations may be considered multiple injuries in an NC workers’ compensation claim:
- Simultaneous injuries: Harm to two or more body parts at the same time.
- Subsequent injuries: Two separate incidents, both resulting in injury.
- Complications: Complications that develop from an initial injury.
- Physical and mental: Trauma resulting in physical and mental harm.
- Cumulative trauma: Harm that occurs over time, from repetitive tasks.
- Overcompensation: Favoring part of the body because of a previous injury, resulting in another injury.
When you qualify for workers’ compensation, you have the right to receive benefits for all your injuries.
Not all multiple-injury scenarios are handled the same way. Whether the injuries are simultaneous or subsequent impacts the case process.
Can You Receive Separate Settlements for Each Injury?
Whether you receive separate settlements for each injury depends on how the injuries occur:
If your injuries stem from a single workplace incident
When you have multiple injuries that happen at once, your whole workers’ compensation claim is handled together. You will receive a single settlement.
For example, in a fall, you suffer a broken arm and a concussion. You file one workers’ compensation claim to receive treatment for your injuries. The settlement will address both injuries.
If your injuries happen in separate workplace incidents
When injuries result from separate workplace incidents, you settle each injury separately.
If a person previously qualified for Permanent Partial Disability and a subsequent injury results in Total Permanent Disability through loss of another body part, the employer’s liability is only for the subsequent injury. See N.C.G.S. § 97-35.
How North Carolina Calculates Settlements When Multiple Body Parts Are Injured
When multiple body parts are injured in a single incident, the person may receive compensation for both injuries. Payments are consecutive (i.e., one after the other), not concurrent (i.e., at the same time). The number of weeks of compensation is extended, not to exceed 500 weeks. The weekly amount is not increased, but the total amount may be factored into a settlement for multiple injuries.
For permanent partial disability compensation, each impaired body part must be rated. Then, compensation is calculated according to the schedule of injuries. If there is loss or permanent injury not otherwise stated in the schedule of injuries, the person may collect proper and equitable compensation up to a statutory maximum.
All injuries are considered when evaluating a person’s ability to work.
For multiple claims, North Carolina workers’ compensation law does not allow for double compensation, but the person may elect the highest available benefits.
What Is the Role of an Independent Medical Examination (IME) in Multiple Injury Claims?
An Independent Medical Examination (IME) is a medical examination in the workers’ compensation process. When you claim workers’ comp, your employer or their insurer may require an examination. At an exam required by the employer, you may have your own physician present at your expense. You have the right to receive a copy of the report.
You may request a second examination on the issue of your impairment rating. When there are multiple injuries, it’s important to ensure that the evaluating doctor is qualified to address the medical issues. When multiple injuries are present, determining the impairment rating can be especially complex. It’s important to have thorough documentation for your claim.
Does Having Multiple Injuries Automatically Mean a Larger Settlement?
Multiple injuries don’t automatically mean a larger settlement, but workers’ compensation settlements are related to the severity of injury. A settlement that includes medical care will address the cost of treating all injuries. If multiple injuries prevent a person from working, they will claim lost wages for a longer period. When there are multiple impairments, each one is rated for compensation.
A lawyer can explain what a multiple-injury workers’ compensation settlement may look like in your case.
Lump Sum vs. Structured Settlements: Which Is Better for Multiple Injuries?
You may have the option to choose between a lump sum and a structured settlement. What’s best depends on your needs. A lump sum can be better for immediate needs. A structured settlement can protect funds for long-term medical expenses.
A lawyer can help tailor a settlement for your situation.
Pre-Existing Conditions and Multiple Injury Claims: What You Need To Know
When you have an on-the-job injury, medical benefits in workers’ compensation are meant to return the person, as much as possible, to their pre-injury condition. If an injury makes a pre-existing condition worse, you may receive treatment for the worsening condition.
Prior injuries must be disclosed.
If there is a new, separate incident after returning to work, it will constitute a new workers’ compensation claim, even if it involves the same body part.
How Insurance Companies Try To Minimize Multiple Injury Settlements in NC
Insurance companies may especially try to minimize a multiple-injury settlement. Because multiple injuries in workers’ comp can lead to larger settlements, they may scrutinize a case more closely.
They may challenge whether the injuries are work-related. They may blame pre-existing conditions. An employer may order you back to work before you’re able. Maximum Medical Improvement (MMI) may be declared prematurely. Your impairment rating may be too low.
These are just a few ways insurance companies minimize workers’ comp multiple-injury settlements. An experienced lawyer can fight for your compensation.
Why Wilmington Workers With Multiple Injuries Need an Experienced Workers’ Compensation Lawyer
Suffering multiple injuries on the job can be life-changing. You need the benefits that you deserve from your North Carolina workers’ compensation claim.
Horton & Mendez, Injury & Car Accident Attorneys, is a team of dedicated lawyers. We are experienced in handling claims involving multiple injuries. Our lawyers can address issues that are especially important when a case involves two or more injuries.
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Our attorneys at Horton & Mendez, Injury & Car Accident Attorneys are taking new cases now. Call or message us today.
