Legal Question in Workers Comp in North Carolina

My compensation rate is $576.00 per week. I am an electrician. I injured my back and I have a 27% rating. What should my settlement look like? Can you give me a range, at the time the Dr. rated me and said I was at MMI I had been out of work for 108 weeks.


Asked on 10/19/10, 7:38 am

2 Answers from Attorneys

Bob Bollinger Bollinger Law Firm PC

That rating at your comp rate is worth $46,656. But you have the right to get a second opinion on the rating from a doctor of your choice, and you also have the right to elect the remedy that pays you the most. You did not give enough facts to do a good analysis of your settlement value. You may have future medical treatment to be concerned about, and you may have a loss of earning capacity that should be considered. And you may have returned to work in unsuitable employment. So it is not possible to say what your settlement should look like at this point, or even if it is smart for you to settle. More facts are needed.

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Answered on 10/24/10, 11:03 am
Jesse Shapiro Law Office of Jesse Shapiro

There is a whole lot more that we need to know in terms of valuing your case for a full settlement. If you desire to settle on the rating only then Bob's number is correct if you do not get a second opinion. If you desire a second opinion, I would suggest you consult with an experienced workers' comp attorney before making that decision.

In order to look at settlement value for your whole case, I would need to look at many factors including your age, education, work experience and the state of the econonomy where you live and work. I would look at factors such as any current work restrictions you may have and whether you can get back to "suitable employment" meaning a job that pays you as close as possible to the wages you were earning at the time of your injury. A very thorough review of your medical and employment records would help fill in many gaps. My thoughts abover are really the high points, there are many other smaller peices of the puzzle to consider as well.

This is not easy and you will need an experienced attorney to help you "walk the walk and talk the talk" to get a good settlement for your case. Put it this way, if your car breaks, would you take it to the Radio Shack to have it fixed or would you take it to your auto mechainic? You need a person on your side who has the experience, knowledge and skill set to do it right.

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Answered on 10/25/10, 6:00 am


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