If you have suffered an injury on the job in North Carolina, it is understandable to wonder whether you qualify for workers’ compensation benefits and, if so, what kind of benefits you may be able to secure. You can find state workers’ compensation settlement charts that show examples of how benefits are paid, and it is important to understand the various factors that will go into your determination of benefits.
When looking at workers’ compensation settlement charts, some of the most important factors considered in determining claim value include:
It is important to only use these charts for your own reference and estimation and not to assume that you can expect the same settlement values reported. As you begin the workers’ compensation claim filing process, you will need to address several factors that the insurance company will use to evaluate the severity of your condition and your eligibility for benefits.
Most workers’ compensation insurance carriers in the state require claimants to undergo medical evaluations before they can receive benefits. An injured worker can see any available doctor in an emergency, but they will need to visit a workers’ compensation physician to have their impairment rating or disability rating assessed. The workers’ compensation doctor will assign the claimant a rating based on their remaining functional capacity to work.
If you disagree with the doctor’s assessment of your condition and the disability rating they have assigned you, an experienced attorney may be able to arrange for a second opinion. Once you complete this evaluation process, you are ready to submit your claim to the insurance carrier, and they will determine what level of benefits you qualify to receive based on your disability rating.
In the event that a worker is injured badly enough that they cannot perform their usual job duties but can still handle alternative, lower-paying work while they recover, they may receive partial disability benefits to help account for the difference in their earnings. These are paid weekly based on how much the claimant is able to earn. They will need to report weekly income and medical updates to the insurance company.
When a claimant cannot work at all because of their injury, they are more likely to receive total disability benefits. Each payment will be a percentage of their usual weekly earnings and can continue until they are able to return to work. In rare cases, seriously injured claimants who develop permanent disabilities can qualify for permanent disability benefits that continue indefinitely.
A: Disability rating in a workers’ compensation case is a numerical rating that shows the injured worker’s functional capacity to work after an injury. Undergoing a medical evaluation is typically a requirement for a workers’ compensation claim in the state, and the claimant’s disability rating will determine how much they can receive in disability benefits. The higher the rating, the more they will receive with each payment.
A: Yes, it is possible to qualify for permanent disability benefits in the state if your work injury has left you completely and permanently disabled. The insurance company may attempt to settle this type of case with a large lump sum payment, and there are other ways permanent disability benefits may be negotiated. Your attorney can advise you as to how you can extract maximum value from your claim if you have been permanently disabled by your injury.
A: The time required to resolve a workers’ compensation claim will depend on several factors, such as whether the employer facilitates the claim, whether the insurance company processes it in good faith, and the overall severity of the injury. Many workers’ compensation claims are resolved within several weeks of filing, while others may take several months or even longer than a year to resolve.
A: You should hire a North Carolina workers’ compensation lawyer because these cases are often more complex than they appear at first. Your attorney can guide you through the claim filing process and ensure that you receive a fair determination of benefits. If any disputes arise regarding your disability rating and the amount of compensation owed to you, you can rely on your attorney to resolve these problems for you.
A: The types of injuries that have the highest values in workers’ compensation claims are those that result in permanent impairment of some kind. Head and brain injuries typically result in substantial benefits, as do injuries resulting in permanent blindness, hearing loss, or amputation. During the medical evaluation, the workers’ compensation doctor will assign a disability rating that reflects the severity of your injury and the scope of long-term harm it has caused.
The attorneys at Ayers, Whitlow & Dressler are ready to provide compassionate legal support through every stage of your workers’ compensation case. While many state workers’ compensation settlement charts can provide a rough idea of what to expect, it is important to remember that every claim is unique. Contact us today to schedule a free consultation with an attorney to guide you through the claim filing process.