Legal Question in Workers Comp in North Carolina

Got hurt on the job and returned to work 1 yr ago. at mediation lawyer for wc wanted me to resign and offered me $12,000 when my salary is $32,000 per year with 2 years until retirement to keep my health insurance.

i have a bad injury. i can't retire for 2 more years and need my health insurance with all my pre-existing conditions. is that all they have to offer me with a 14% impairment rating?.


Asked on 10/04/10, 12:13 pm

1 Answer from Attorneys

Bob Bollinger Bollinger Law Firm PC

14% to what body part? The spine is worth 300 weeks, and the foot is worth 144 weeks and fingers and toes are worth less than a foot. To calculate the value of the rating, multiply the 14% by the number of weeks assigned to the rated body part by NC General Statute 97-31.So, assuming you made about $32K before you got hurt, your compensation rate is about $410 per week and 14% to the back would be worth .14 times 300 = 42 weeks, times $410 per week equals about $17,231. But 14% to the hand is worth .14 times 200 weeks (the hand allocation) times the comp rate, equals about $11,480.

You do not have to "settle" or resign. They owe you the rating money without you giving up anything in return. They just want to pay you a little extra money in the hope that you will agree to quit. Obviously you do not want to do that, but keep in mind that the insurance carrier does not care about you or your well being one bit.

You have the right to get a second opinion on your rating but you should consult with a competent and experienced workers' compensation lawyer before you attempt to do that. Otherwise it will be easy for you to end up in worse shape by simply choosing an inappropriate doctor to do it. And the rating is only the right way to resolve your case if you have returned to work post-injury making about as much as you made before you got hurt. If you are making less money than before your injury then they may owe you a lot more money than the rating. I would be happy to talk to you about it next week if you want to get in touch with me directly.

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Answered on 10/09/10, 7:22 pm


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