Legal Question in Workers Comp in North Carolina
Workman's Comp Settlement
I was sent a ''form 21'' From the ins.co with the rating on my injury and a cash compensation offer. I understand that this is the rating on the injury to my foot alone, but is there any compensation for other expenses I occured during this time? Things such as because of this injury and the fact I work in a business setting and am expected to look a certain way, I had to change all of my dress suits and dresses and heels to pant suits and loafers. Am I wrong to think I should be compensated for this as well? If so, who is responsible? Thanks
2 Answers from Attorneys
Re: Workman's Comp Settlement
There is compensation for related medical expenses and sick travel. Clothes are not covered. You are entitled to a second medical opinion on the rating and to copies of all medical records before signing any settlement. If you cannot return to work at the same or greater wages, consult a lawyer ASAP.
Good luck!
Re: Workman's Comp Settlement
Make sure a Form 18 is on file with the North Carolina Industrial Commission. You may also want to file (after your doctor has executed) a Form 18M, which will allow access to medical treatment for your work-related injury after you are released. Also, consider the fact that you have the right to a second opinion on the size of the rating. The second rating is usually averaged with the first, so it could help or hurt you.
Rating settlements generally only include cash payment for the PPD rating itself, as directed by statute, average weekly wage and size of rating. You have a limited period of time to obtain additional medical treatment, or re-open your claim if you have a "change of condition". Pain, suffering, inconvenience, etc., are not recoverable per se in WC. Wage loss benefits and medical treatment are recoverable, and you may have some luck getting your doctor to prescribe some of these items as medically necessary. See our web site at ncdisability.com for link to the NC Industrial Commission and other information. Good luck!
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