Legal Question in Workers Comp in North Carolina

Trucker w/2 Herniated Disks from otj injury

I am being offeered $25k for injury otj. I fell and injured back and want to know what is the average I can get if I don't have surgery and if I do. The ins. company isn't willing to accept fault but wants to settle still. I need to settle for personal reasons and find otheremployment.

I am in pain daily and dont want to or think i can get back in the truck but want to settle before I try. What is the average a trucker can get w/ 2 herniated disks and nerve damage with and without surgery?


Asked on 2/15/08, 8:38 am

1 Answer from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Trucker w/2 Herniated Disks from otj injury

No doubt you have a serious injury, but there is no way to value the case unless more information is known on such things like: defenses asserted, your gross average weekly wage during the 52 week period that preceded your injury, future medical needs, how quickly you can locate SUSTAINABLE work within your mental/physicial abilities, etc. The $25k could be fair, or a joke. It depends. In general, and assuming there is no complete defense to your claim, the more future medical costs and the more future wage loss, the larger the claim.

I would call an experienced attorney to evaluate the defense and damages to see whether you should try the case in court or cut and run with the $25k. Make sure you have filed a claim with the Industrial Commission ASAP. Also read the Bulletin to learn more about the system. You can get to the NCIC website from our links page at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Bd. Certified Specialist in NC Workers' Compensation Law

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Answered on 2/18/08, 5:47 pm


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