Legal Question in Workers Comp in North Carolina

Re: settling a case after surgery

You can settle it whenever you want to, but in my opinion, it would be a lot better to wait until the doctor has released you and given you an impairment rating. Your case value would probably be better if you wait. If you already have a workers' comp attorney helping you, you need to have a serious discussion with him/her about the ramifications of settling the case now. Good luck.

Re: setteling a case after surgery

I think you would be taking a VERY large risk if you settle before you reach maximum medical improvement (MMI), are assigned permanent work restrictions, given a permanent impairment rating, and given some idea of what you may look forward to in terms of future medical expenses arising from your injury. Unless the defendants are willing to pay a huge sum of money, which I doubt they are at this stage of your case, you could really cause yourself some BIG problems by settling too early. How do you know how much the injury has truly cost you until you know whether you will return to work and what future medical expenses will likely be down the road? These questions cannot be answered until you have at least reached MMI.

Make sure you have filed a Form 18 within two years of your date of injury with the NC Industrial Commission. These can be downloaded from their website, along with a Bulletin for more general information. You can link to their site via our site at ncworkcomp.com. Good luck!

S. Neal Camak Lennon & Camak, PLLC Raleigh, NC