Legal Question in Workers Comp in North Carolina
Finding a job under rehah
I recently received a hand injury that left me with a ring fineger that was amputated and re-attached, and the tips of the first and second finger taken of at the first joint of each finger.My attorney states this injury calculates to about 35,000. I'm now going through the work rehab phase of finding a job in maintenance that pays 21.00 a hour which isn't happening. I don't wish to use up my WC benifits through Work rehab job hunting. Been offered 65,000 by insurance co. to settle,which is rediculas. Is there a certain amount of time that Voc. Rehab. and me to find a job, I've heard of some taking up to two years. Based on that situation, Can that money WC would pay to me weekly be paid in a settlement to me if I choose retire instead of returning to work.
1 Answer from Attorneys
Re: Finding a job under rehah
You should discuss this with your attorney. First, understand that workers' comp pays nothing for pain and suffering. What might be low in an auto accident case may be a good recovery in comp. Comp is also "no fault." In a negligence case, your contributory negligence might mean you got no recovery at all.
In comp where you are able to work, you get either a wage loss claim for 300 weeks from the date of injury or payment of the disability rating under the law. Not both. Sometimes, the carrier will try to settle for a lump sum with waiver of all future medical rights. Whether it is enough depends on the facts of your case and the likelihood of (1) medical needs and (2) future employment. In your present condition, the carrier has to pay while you look for a job - not necessarily at your previous wage. This can be complicated. This is why you need an attorney, so go talk about it. Good luck.
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