Average Workers Compensation Settlement in North Carolina [2024]

Following a workplace injury, an injured worker may file a claim that can lead to monthly payments or a lump-sum settlement. A one-time payment can cover all future benefits, including medical expenses and lost wages. Knowing how much you are owed can be difficult if you do not know the average workers’ compensation settlement in North Carolina.

Factors That Determine Workers’ Compensation Settlements in North Carolina

Following a workplace injury in Burke, Catawba, or Caldwell County, you can hire an attorney to fill out the complicated claim forms. As part of that process, your worker’s compensation attorney can describe different factors related to your injury that can increase your settlement offer.

• Severity of injury: The more severe the injury, the higher the potential settlement. Serious injuries that require extensive medical treatment like surgeries or lead to permanent disabilities typically result in larger settlements. Workers’ compensation benefits must account for medical costs and missed time from work.
• Medical expenses: The total cost of medical treatment — including surgeries, hospital stays, medications, and rehabilitation — directly affects the settlement amount. Higher medical expenses usually lead to higher settlements. These expenses can include payments for prescription painkillers, medication, and the use of medical devices like wheelchairs and arm slings.
• Lost wages: Workers’ compensation benefits typically cover two-thirds of the worker’s average weekly wage during the recovery period. The length of time the worker is unable to work and the amount of lost wages can significantly impact the settlement.
• Disability: If the injury results in partial or total disability, the settlement amount can be higher. The degree of disability is determined by a medical evaluation and factored into the settlement. Workers who are partially disabled can generally return to work but may require certain accommodations.
• Future medical needs: If the injured worker requires ongoing medical care or future surgeries, these anticipated costs are considered in the settlement. Accounting for future medical costs is important because failing to assess this future cost accurately could leave injured workers facing the choice of paying out of pocket or forgoing important medical treatments.
• Age of the worker: Younger workers may receive higher settlements because their injuries could affect their ability to work for a longer period compared to older workers nearing retirement age. A young worker who has decades of productive work ahead of them can theoretically receive a higher settlement.
• Pre-existing conditions: The presence of pre-existing conditions can complicate a claim. If the injury aggravated a pre-existing condition, it may affect the settlement amount. Insurance carriers may claim that the injury was only partially to blame for a disability because the worker had pre-existing injuries unrelated to work.
• Ability to return to work: If the worker is unable to return to their previous job or any job due to the injury, the settlement may be higher to compensate for the long-term loss of income. Long-term or permanent disability is often compensated through a one-time payment.
• Vocational rehabilitation needs: If the worker needs vocational training or rehabilitation to return to work, these costs can be included in the settlement. Workers who are partially disabled may need to reassess their career options in light of their injury.

Having experienced legal representation can influence the settlement amount. Attorneys can negotiate on behalf of injured workers to ensure they receive fair compensation for their injuries and losses.

Benefits of Having a Workers’ Compensation Lawyer When Negotiating a Settlement

If you try to negotiate with a workers’ compensation company on your own, you could end up settling for far less than your claim could be worth. A workers’ compensation attorney understands the factors that should be considered when making a settlement claim.

For example, you may not understand how to calculate future treatment costs. Like any insurance provider, workers’ compensation carriers are in the business of making profits. They may place their bottom line over your proper recovery.

You can protect your rights by hiring a workers’ compensation lawyer who can review your case before making a settlement offer that considers every factor you’ll need to recover fully. Having legal representation can greatly improve the chances that your claim is accepted and paid on time.

FAQs

Does Surgery Increase Workers’ Comp Settlement in North Carolina?

Yes. Surgery can increase workers’ compensation settlements in North Carolina. If surgery is required, it typically indicates a more severe injury. This can lead to higher medical costs, longer recovery times, and possibly a greater degree of permanent impairment.

Factors like surgery can contribute to a higher settlement amount. Receiving the compensation you need to recover fully is not always easy, but a workers’ comp lawyer can protect your rights on your behalf.

Does Workers’ Comp Pay for Pain and Suffering in North Carolina?

Workers’ compensation does not typically pay for pain and suffering. If someone at work committed egregious conduct, such as physical assault, you can consult with a personal injury lawyer to see if you have grounds to file a lawsuit. While pain and suffering damages are not awarded for workers’ compensation, they are commonly included in a personal injury lawsuit.

Which Body Part Has the Highest Value in a Workers’ Compensation Claim?

Head and neck injuries often lead to the highest workers’ compensation claims. Traumatic brain injuries, head injuries, and any trauma to the neck and head can require lengthy recovery periods and rehabilitation. Brain injuries can lead to loss of mobility that can require temporary or permanent disability payments from workman’s comp.

What Does Workman’s Comp Pay in North Carolina?

North Carolina’s workers’ compensation program covers a percentage of an injured worker’s usual wages, depending on the injury. Generally, for time off due to most injuries, the compensation is two-thirds of the worker’s regular wage. Certain types of injuries, such as the loss of a finger, pay according to set rates. The duration of time off is determined by the worker’s medical doctor.

Schedule Your Workers’ Compensation Settlement Consultation Today

With the right legal representation, you can receive compensation that pays for your medical bills. Dealing with workers’ compensation providers can be more challenging than you think. Some insurance carriers may fight your claim request. They may reject a legitimate claim or offer you far less than you need to recover fully.

When you need help receiving the benefits you need, you can rely on the services of the Law Office of Lyndon R. Helton, PLLC. Our lawyers are easy to work with and always put you at ease. To schedule your consultation, contact our office today.