Legal Question in Workers Comp in North Carolina
back injury
i factured 2 vertabrat in my back bye falling . i had surgey and was out for three months doctor put me 10 % and 30lbs lifting max the rest of my life . but i can not do regular job any more so plant give me a lighter job less money . is workmans comp got to make a settlement to me or what
1 Answer from Attorneys
Re: back injury
First, you should know you have a 9 month trial return to work period, during which time you can be taken back out of work by the doctor for reasons related to your work injury and your weekly benefits restart.
If you feel like you can sustain your work long term, them you must elect whether to receive your rating (10%) settlement money or two-thirds the differnece between your old wage and new wage on a weekly basis. This benefit will last approx. 5.7 years from the date of your injury. Without more facts, it is hard to say which is better for you.
You likely need to speak to an experienced attorney in the area of workers' compensation before making any decisions. At least get a Bulletin and Form 33 from the NC Industrial Commission to learn more about the system. You can get their link off of our site at ncworkcomp.com. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC