If you or a loved one has been hurt at work, you may know that you can file a workers’ compensation claim through your employer to seek benefits that can help with your recovery. It’s a good idea to have a general idea of what to expect. Workers’ comp settlement examples in North Carolina typically include multiple forms of compensation, and an experienced attorney can determine what you will qualify to receive.
The objective of a workers’ compensation claim is for the injured worker to receive the benefits they need to recover from their injury and manage their financial obligations when they are unable to work. This insurance also protects covered employers, ensuring that they have civil liability for injured workers’ damages as long as they meet their coverage requirements.
When looking at workers’ comp settlement examples in North Carolina, it is important to remember that your case is unique. There are two forms of benefits you can receive from a successful workers’ compensation claim, and the amount of each that you receive will depend on the specific details of your situation. Medical expense coverage will depend on the nature and severity of your injuries, and disability benefits for income replacement are even more variable.
Medical expense coverage from workers’ compensation insurance is generally straightforward. As long as you are able to prove that your injury or illness is the direct result of you performing your job duties, the insurance company will cover any and all medical treatment costs you need to reach maximum medical improvement from your injury. This will include the cost of physical therapy or other necessary ongoing rehabilitative care.
Disability benefits are paid in partial or total designations. A claimant can qualify for partial disability benefits if they can still work but cannot earn as much as usual due to their injury, and they will need to report their weekly income to the insurance carrier each week to maintain eligibility. Total disability benefits are awarded when the claimant cannot work at all due to their injury, and the amount they receive will depend on their usual earnings from their employer.
If you are concerned about the severity of your injury and want the greatest chance of maximizing your benefits, it is important to hire an attorney you trust to help you file your claim. They can streamline this process and resolve any issues that arise that you would otherwise be unable to address on your own. They can also help you pursue additional avenues of recovery you may have overlooked.
If a third party outside of your work caused your injury, you may have cause to file a third-party personal injury suit. Success with this claim could significantly increase your total recovery, but it will be more challenging to resolve than your workers’ compensation claim. Whatever your situation requires, trust the team at Ayers, Whitlow & Dressler to assist you with your case and do everything we can to maximize your total recovery.
A: Workers’ compensation will cover most medical expenses directly related to the worker’s injury. They must be prepared to prove that their injury or illness directly resulted from performing their job duties in order to receive these benefits. Additionally, the insurance carrier will not only cover immediate medical treatment costs following their injury but also the cost of any ongoing rehabilitative treatment they will need in the future.
A: In a workers’ comp case, disability benefits are calculated based on the claimant’s usual income from their employer and the overall severity of their injury. A functional capacity evaluation will determine the severity of their disability and what level of benefits they are eligible to receive. It is also possible for a claimant to qualify for partial or total disability benefits based on whether they are able to continue working during their recovery.
A: You typically cannot sue your employer for a work injury in North Carolina as long as they have appropriate workers’ compensation insurance coverage. However, if they do not have insurance, or if they intentionally caused your injury in some way, then you may have grounds for a civil suit. It is also possible to have grounds for a civil suit against a third party if anyone outside of your work directly caused your injury.
A: No, workers’ compensation insurance will not pay for pain and suffering in North Carolina. A successful claim can yield compensation for medical expenses and disability benefits when the claimant is unable to work. However, if they have grounds to file a third-party personal injury suit, it is possible for them to seek compensation for the damages that workers’ compensation insurance will not cover, and this includes their pain and suffering.
A: You are likely to win more in benefits if you hire a lawyer than you could likely expect to obtain on your own if you do not have legal counsel advising you. An experienced workers’ compensation lawyer in North Carolina can help you understand the criteria for filing your claim, and they can streamline the claim filing process while ensuring that you are treated fairly and receive a reasonable determination of benefits.
Ayers, Whitlow & Dressler can help you navigate the workers’ compensation claim filing process with confidence and peace of mind. Looking at workers’ comp settlement examples in North Carolina can give you some idea of what to expect when it comes to your own claim, but ultimately, every case is different. Contact our team today and schedule a free consultation with an attorney who can provide individualized legal counsel for your claim.