Legal Question in Workers Comp in North Carolina
Settlement Help
Hurt at work in 04' The Dr. Put me on perm. med. restrictions. In Sept. 05 the employer sent me for an FCE. and with the results they said that I was no longer fit for duty. When the Dr. wrote me out in Jan. 06' the employer went on and fired me as of Mar. 06' Well in Sept. 06' the Dr. released me at MMI with a rating of 5% in each wrist (bilateral forearm tendonitis)The adjuster made me an offer of 25,000 a clincher settlement. I told her that I wanted a second opinion on my rating and that I was not happy with the offer because it was no where near my settlement an that I lost everything as far as benefits, life insurance. She said that she would send me information on a structerd settlement. I explained that the med. I am taking is not doing anything and that I would like to try another med. for pain. She advised me to call the Dr. to setup an appt. to discuss trying a new med. Well my question is. Was is the highest rating that I can get for this body part? At this point can I request to go to a pain mgmt clinic?
3 Answers from Attorneys
Re: Settlement Help
You may have a significant claim. It is important for you to talk with an attorney ASAP before you sign any further documents. The key question is your ability to perform work in the future. I strongly recommend you contact an experienced workers' compensation attorney now. There is no fee for the consultation.
Re: Settlement Help
You can get much higher ratings depending on your symptoms and the doctor. You may also be able to choose between payment for permanent total disability, a wage loss claim or the rating, selecting the more favorable benefit. You have a statutory right to a second medical opinion from a doctor of your choice. Your case is almost a clinic regarding what the employer and adjuster did not tell you. Get a Board Certified Specialist in Workers' Comp Law to help you ASAP.
Check www.ncworkcomp.com Good luck,
Re: Settlement Help
You need to go to the North Carolina Industrial Commission website and print a Bulletin, Form 18M and the Rating Guide. The Bulletin will describe the comp system in general terms. The Form 18M should be taken to your doctor for his execution of Section B and filed with the NCIC for additional medical treatment. Perhaps your doctor will agree with your request for pain management. You have an automatic right to a second opinion on the rating. The Rating Guide will give you the ranges of appropriate ratings for your injury. However, the most valuable part of your claim may be the ongoing TTD checks, which will continue unless and until you return to work in suitable employment. You should consult an experienced atty to discuss your situation in more detail. A link to the Commission's website can be found on our site at ncworkcomp.com. Good luck!
S. Neal Camak
Law Offices of George W. Lennon
Raleigh, NC
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