Legal Question in Workers Comp in North Carolina

workmans comp settlement

when settling with the insurance company am I allowed to request lost wages? Have been receiving weekly checks of 66% of my wages. Unable to go back to same job as they have nothing for me at this time. Workmans comp wants to settle and put me in voc rehab. They have offered a lump sum payment for 12% ppd and future medical. Can I receive anything for lost wages or for not being able to go back to my job?


Asked on 1/13/09, 5:08 pm

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

Re: workmans comp settlement

Yes! You can receive payment for lost future wages by demanding payment of future weekly temporary total disability checks (usually representing the number of weeks you think it will take you to find a similar/sustainable job). This is on top of the rating money and money for future medicals for your injury. Also, if you think the rating is low, you have the right to a second opinion with a doctor of your choice. Doubt they are agreeing to pay a final clincher settlement, then provide vocational rehab services. All of this is usually wrapped up in a "clincher" agreement that is final, but both parties must agree on the final number.

Otherwise, they can just continue to pay you weekely checks until you return to sustainable employment (using their voc rehab services), then maybe pay a rating and you can keep them "on the hook" for at least two more years of future medicals and possibility of reopening your claim for further indemnity benefits.

Recommend you speak with an experienced atty, and/or at least review some of the materials/links available at our site. You can find us at ncworkcomp.com. Good luck!

Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 1/13/09, 6:23 pm


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