How Long Does It Take to Get a Workers’ Comp Settlement in North Carolina?

The workers’ compensation system exists to provide financial relief to injured workers in all industries, and thousands of workers’ compensation claims are filed throughout the state each year. One of the most common concerns cited among workers’ compensation claimants is the time required to receive their benefits. While many injured workers receive their settlements within a few weeks, others contend with denials and extended investigations for many reasons.

A Charlotte workers’ compensation attorney is the ideal asset to have on your side after any injury at work. While it is technically possible to file your claim on your own without hiring legal representation, you are more likely to succeed with your case and more likely to maximize your recovery with an attorney’s help. Ayers, Whitlow & Dressler routinely provides compassionate legal support to injured workers and can help navigate your claim filing process with confidence.

Understanding the Workers’ Compensation Claim Filing Process in NC

Workers’ compensation provides financial benefits to injured workers, and the claim filing process is similar to what you would encounter when filing any other type of insurance claim. However, an injured worker faces the additional complication of their employer playing an important role in their claim filing process.

When a workplace injury occurs, the victim should report the incident to their supervisor and seek medical care immediately. The employer must create an incident report for the injury and provide the injured worker with the materials they will need to file their claim for workers’ compensation benefits.

The injured worker will need to undergo a medical evaluation from a workers’ compensation physician to determine their level of disability. After completing this evaluation, they can proceed with filing their claim, and their employer’s insurance carrier will review the claim and all associated documentation before delivering its determination. If approved, the injured worker will receive a determination of benefits that explains the compensation the insurance company will provide. If the claim is rejected, the claimant will need an attorney’s help to appeal the decision or raise the issue with the North Carolina Industrial Commission.

The claim filing process should ideally only take a few weeks before the claimant receives their determination of benefits letter from the insurance company, but many unpredictable variables might arise that complicate the issue and extend the time required for them to receive their benefits. One of the most important things you can do to shorten the time it takes for you to receive your workers’ compensation benefits is to hire an attorney you can trust to help with the claim filing process.

Timeline for Your Workers’ Comp Settlement in North Carolina

Workers’ compensation is an important lifeline for anyone who suffers an injury at work in the state. Every state has different laws pertaining to workers’ compensation, and North Carolina’s are among the most substantial in the United States. Virtually every employer in the state is required to have this insurance, but this does not mean that every injured worker will have an easy time securing the benefits they legally deserve for a workplace injury.

If you or a family member recently suffered an injury while working, it is natural to have many questions about the claim filing process and what you can do to streamline your receipt of benefits. A Charlotte workers’ compensation attorney is the ideal resource in this situation. The right attorney can help you understand the claim filing process, resolve disputes that may arise with your claim, and ultimately help you obtain the benefits you legally deserve.

Filing Your Workers’ Compensation Claim in North Carolina

When a workplace injury occurs, the victim should report the incident to their supervisor immediately. North Carolina law requires the employer to provide the employee with the materials they will need to file their claim for workers’ compensation benefits and to document the injury in an incident report. Most employers in the state uphold these responsibilities and facilitate employees’ claims to the best of their ability, but some, unfortunately, do not.

Employer retaliation can arise in many ways due to employers’ fears of rising insurance premiums and other economic losses. If your employer interferes with the workers’ compensation claim filing process in any way or attempts to prevent you from filing your claim, it is imperative to consult an experienced workers’ compensation attorney as soon as possible. The sooner you connect with an attorney you can trust, the more time they have to review the details of your case and resolve the issues you have encountered with your employer.

It is also possible to encounter problems with your employer’s insurance carrier. Like any other type of insurance carrier, a workers’ compensation insurance provider will seek to limit their financial exposure and try to justify the lowest possible determination of benefits to an injured claimant. Your workers’ compensation attorney can verify that the insurance carrier has handled your claim in good faith and provide direction if not.

Every case is unique, and it is possible for numerous issues to arise with any claim for workers’ compensation benefits. Having an experienced attorney helping with your claim can not only reduce the chances of encountering such issues, but you will also be better prepared to address them effectively as your case progresses. Some workers’ compensation claims can be resolved within weeks, while others will take several months to reach conclusions. Whatever your case entails, you have the greatest chance of a positive outcome when you have legal counsel you can trust on your side.

FAQs

Q: How Is a Workers’ Compensation Settlement Calculated?

A: A workers’ compensation settlement will include two types of benefits for the claimant. The first is medical expense coverage, and the average injured worker can usually expect the workers’ compensation insurance carrier to cover all medical treatment costs associated with their injury, including the cost of ongoing rehabilitation. Second is disability benefits, paid based on the claimant’s level of disability and the time they require to recover enough to return to work. It’s possible to qualify for partial disability benefits when earning power is diminished by an injury, or a claimant may receive total disability benefits if they are completely unable to work until they recover.

Q: How Long Do Disability Benefits Last?

A: If you are awarded total disability benefits as part of your workers’ compensation settlement, these payments will continue until you are able to return to work or for up to 500 weeks. It’s possible for a claimant to move from total disability benefits to partial disability benefits if they recover enough to handle light duty or lower-paying work, but they will need to report their weekly income to the insurance company to maintain their eligibility. It is also possible for total disability benefits to extend beyond 500 weeks if the claimant remains medically unable to work and an extension is granted.

Q: Do I Need a Lawyer to File for Workers’ Compensation?

A: Technically, no, hiring legal counsel is not required, but doing so can dramatically improve your chances of success with your claim and the quality of the final settlement you receive. Having legal representation assisting you with the claim can make every step of the filing process easier to manage and more likely to yield the results you hope to see. Additionally, you will be prepared to address any disputes raised against your claim with confidence.

Q: Can I File a Personal Injury Suit for a Work Injury?

A: Your employer’s workers’ compensation insurance protects them from civil liability for your damages after an injury at work in most cases. If your employer does not have insurance as required by North Carolina law, then you may file a personal injury claim in response to your injury at work. It is also possible to have grounds for a civil claim if your supervisor compelled you to perform a task outside your usual duties that had a virtual certainty of causing harm, or if a third party outside of your work caused your injury.

Q: What Does It Cost to Hire a Workers’ Compensation Attorney?

A: It’s understandable to worry about the cost of hiring legal counsel for your impending workers’ compensation case, but the majority of attorneys handling these cases work on contingency. This means a client is only required to pay a fee if and when their attorney wins their case, and there is no fee at all if the attorney is unable to secure compensation for their client.

Q: How Long Do Most Workers’ Compensation Settlements Take?

A: The time your case could require to reach a conclusion can vary based on multiple factors. However, having an experienced attorney on your side can streamline your proceedings significantly, and your attorney can provide an estimate of your case’s likely timetable at the outset of your claim filing process. It is possible to settle your case in a matter of weeks to months depending on the overall complexity of the claim.

Q: Does Workers’ Compensation Pay for Pain and Suffering?

A: No, pain and suffering are not covered by workers’ compensation insurance. The average injured worker will qualify to receive disability benefits and medical expense coverage to offset their lost earning power after an injury at work. Pain and suffering compensation can only be claimed through a personal injury suit. An injured employee can only file a personal injury suit if their employer does not have workers’ compensation insurance, if they caused the injury intentionally, or if a third party caused their injury.

Q: How Much Are Disability Benefits From Workers’ Compensation?

A: Disability benefits can be paid on a partial basis if the claimant is still able to work after their injury but cannot earn as much income. The claimant will need to report their earnings each week to maintain eligibility for benefits. If the claimant is unable to work at all, the total disability benefits they receive are likely to equal about two-thirds of their average weekly wage. For instance, if you usually earn $1,200 per week, total disability benefits may amount to about $800 per week until you are able to go back to work at your job.

Q: Why Should I Hire an Attorney for a Workers’ Compensation Claim?

A: It is possible to file a workers’ compensation claim without an attorney, but having legal representation makes every aspect of the claim filing process much easier to handle and more likely to yield acceptable results. Your attorney can help you file your claim to the insurance company and resolve any issues that arise with the insurance company’s handling of the claim. You may also have additional options for legal recourse you did not know were available to you, and your attorney can help you maximize the results of these legal efforts.

Q: What Happens if I Caused My Own Work-Related Injury?

A: Causing your own injury at work does not necessarily disqualify you from workers’ compensation benefits. As long as you were working in good faith and caused the injury through simple negligence or an honest mistake, you can still receive workers’ compensation benefits. However, bearing any partial fault for your injury does preclude you from filing a personal injury claim under North Carolina’s contributory negligence rule.

Contact Our NC Workers’ Comp Attorneys Today

Ayers, Whitlow & Dressler, can provide comprehensive legal support for your impending workers’ compensation claim. We know the answers to the many questions you are likely to have in this difficult situation and how to streamline your receipt of the benefits you legally deserve. Contact us today to make an appointment for a free consultation with a North Carolina workers’ compensation attorney and learn how we can assist with your recovery.

Any work-related injury has the potential to generate complex legal proceedings and a difficult road to recovery for the victim. If you need help filing your workers’ compensation claim and navigating the proceedings to follow, it is crucial to have legal counsel you can trust on your side. Ayers, Whitlow & Dressler can help fight for you, so contact us today and schedule your consultation with our team.