Legal Question in Workers Comp in North Carolina
workers comp injury nc
I''ve had neck fusion with a steel plate inserted. The surgeon has said I will always have some pain and discomfort. Knowing workers comp will want to settle soon I don''t know what to expect as far as a cash settlement and future medical on my neck here in N.C. They have done everything by the book so far with no problems or surprises but I don''t want to be taken advantage of here at the last. Is there anything I should ask for specifically, like medical on my neck and how much money do you think might be offered, and I don''t have to accept it, correct? It is Farm Bureau insurance if that helps and at what point if any should I be thinking about getting an attorney involved? Thank you, Dennis
2 Answers from Attorneys
Re: workers comp injury nc
While each case is different, the variables that define claim value in a final settlement are cost of ongoing wage loss benefits (if any, and if so, how long will they last, or how long will you be out of work) and the cost of future medical treatment over your lifetime. Usually worth more money here, but with greater risk.
If you cannot agree with the carrier of a final settlement number, then we suggest to our clients, if they have returned to work in sustainable employment, they request a rating settlement that will allow them to access medical treatment for at least another 2 years and perhaps obtain more wage loss benefits if their condition deteriorates within two years. A properly filed Form 18M can extend your right to future medical to a lifetime.
See our website at ncworkcomp.com for more info, as well as link to the NC Industrial Commission website. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Re: workers comp injury nc
Get the attorney NOW!
You are walking through a legal minefield.
I suggest you get a Form 18M completed by the doctor ASAP and file it with the Commission. Go to ncworkcomp.com, click on links, select the Industrial Commission site and print the form. You might also spend some time reading the Bulletin they publish. Be aware there are many unwritten rules in workers' comp.
Good luck.