Legal Question in Workers Comp in North Carolina
I was injured at work on 12/2009, recived a broken hip and had a total hip replacement. I recived workmans comp payments during my recovery.I have returned to work and I will return to my Doctor in June. The workmans comp insurance told me I would hear from them at that time to discuss a settlement. My Doctor says I have a 40% disability. My question is what can I expect as a fair settlement?? How is this calculated?
Thank you for your help
1 Answer from Attorneys
It will depend on the size of the average weekly wage being used in your case. The larger it is, the larger the recovery. You are also entitled to a second opinion on the rating number, in hopes of getting another doctor to give you a higher rating, but 40% sounds pretty good based on the limited facts you have given.
If you use the 40%, it will be 80 x the amount of your weekly check you received when out of work altogether. Be sure to ask whether they intend to pay all at once, or on a weekly basis. Make sure you are comfortable in your return to work before taking this settlement.
The NC Industrial Commission "Bulletin" brochure should be reviewed, as well as the form for application for lump sum payments, if needed (Form 31 I believe). Also check out the Form 18M and be aware of future medical entitlement periods and possible change of condition laws that come into play after you are paid for your rating. Go to the IC website, good luck and,
Best regards,
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
ncworkcomp.com
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