How to Maximize Workers’ Comp Settlement in North Carolina

maximize-workers-comp-settlement If you suffered a work injury, it’s common to wonder how you can receive maximum compensation. After all, work injuries frequently result in significant medical bills and time off work. Understandably, injured workers want to receive as much money for their injuries as possible.

The short answer is that the best way to maximize your NC workers’ comp settlement is to hire a knowledgeable workers’ comp attorney, like those at Younce, Vtipil, Baznik & Banks, P.A. Our team will do everything we can to help you seek the compensation you deserve for your injuries.

Contact our team today at 919-661-9000 for a free consultation with an experienced workers’ compensation lawyer. We’ll review your case, explain your legal options for recovering compensation, and answer any questions you have about the workers’ comp process. And if you need help in Spanish, we have staff members ready to assist you.

What Factors Impact the Amount of Workers’ Comp Benefits I May Receive?

Many factors affect the amount of benefits you may receive through your workers’ comp claim. Some of the most important ones include:

The extent and severity of your injury – The more severe your injury is, the more medical treatment it will likely require, which can increase the value of your claim. And the more of your body your injury impacts, the more likely it will impact your ability to work – which can also increase the value of your claim.
Its impact on your ability to work – If your injury prevents you from working at full capacity while you recover, you can receive compensation to cover a portion of the difference in your pre- and post-injury wages. If your injury prevents you from working entirely while you recover, your benefits can cover a portion of your total wages. And if your injury prevents you from working entirely in the future, you can seek compensation for that lost income.
The medical care you need – Depending on what treatment your injury requires, medical bills can make up a significant portion of your workers’ compensation benefits. If your injuries require multiple surgeries and extensive physical therapy, you will likely receive more compensation than if your injuries require some stitches or a brace.
Your maximum medical improvement – Generally, it’s best to wait until you reach maximum medical improvement (MMI) before settling your workers’ comp claim. MMI is the point where further treatment won’t improve your condition. Waiting until this point to settle your case can give you a better idea of your long-term medical expenses and your ability to work.
Your average weekly wage – The wage loss benefits you receive through workers’ comp are based on your pre-injury average weekly wage. The higher your pre-injury weekly wage, the more money you may receive through wage loss benefits.

How Much a North Carolina Workers’ Compensation Claim May Pay

While we can’t tell you how much your NC workers’ compensation settlement may be worth without reviewing the details of your case, we can give you the tools to make a rough estimation. In general, there are four main components to workers’ compensation benefits:

Medical expenses – To calculate how much compensation you could receive for medical costs, look at the bills you received for your treatments. If you’re likely to need additional medical treatment in the future, use your past medical bills to estimate the cost of your future medical expenses.

Lost wages – If your injuries prevent you from working entirely, your wage loss benefits will be two-thirds of your pre-injury average weekly wage, up to a maximum weekly payment. This maximum is adjusted annually, and a workers’ compensation attorney can help you determine what it is. If you can work in a reduced capacity and your wages are reduced, your wage loss benefits will be two-thirds of the difference between your pre- and post-injury wages.

Permanent disability – If your injury results in the permanent disability of a body part, you can recover compensation based on the schedule of injuries in North Carolina’s Workers’ Compensation Act. For example, based on this list of injuries and their value, losing the use of a hand results in a payout of 200 weeks’ worth of two-thirds of your pre-injury average weekly wage. If you made $1,200 per week, this comes out to $800 x 200 weeks, or a payout of $160,000.

Permanent restrictions – If the doctor assigns you permanent restrictions in regards to what you can do physically and mentally, your ability to work and find suitable work could be severely limited. The insurance company may then have to continue paying you a weekly check until you can find a job up to a limit of 500 weeks.

Should I Get Help in Trying to Maximize Workers’ Compensation Benefits?

It’s crucial for injured workers to seek help from an experienced attorney to maximize their workers’ comp benefits because the insurance company will be doing all they can to pay as little as possible. Despite what the insurance adjuster may say, they’re not on your side. They don’t want to pay you the full compensation you’re owed.

Unfortunately, many injured workers accept the first settlement offered by the insurance company because they don’t realize their claim is worth more. When you have a workers’ comp attorney on your side, they can advise you about the settlements offered by the insurance company and help you make an informed decision. They can also engage in settlement negotiations on your behalf to pursue a favorable settlement.

How Can I Try to Maximize My Workers’ Compensation Benefits?

If you want to learn how to maximize your workers’ comp settlement, here are some tips to follow after a workplace injury in North Carolina:

Report your injury quickly – NC’s Workers’ Compensation Act gives injured workers two years to file their claims for compensation. However, that’s not the only deadline you need to meet to recover compensation for your injuries. Injured employees risk losing their right to file a claim if they don’t report their injury to their employer or supervisor immediately – or within 30 days of the incident at the latest.
Seek medical attention – Getting both immediate and ongoing medical care is vital for your well-being after a work injury and your claim. By seeking medical care, you’re creating a record of your injuries and the treatments you received. Additionally, when you save all the receipts for your medical care, you can work to include bills in your settlement that workers’ comp didn’t already cover.
Keep detailed records – Always keep detailed records regarding everything that has to do with your case. Photograph your visible injuries, write down your pain levels each day and how your injuries impact your daily life, keep track of your medical bills, and save all correspondence with your employer or their insurance company.
Avoid providing a statement – If an insurance adjuster asks for a statement about the incident, wait until after you’ve spoken to your attorney. Your attorney can guide you through what to say to the insurance adjuster to prevent them from using your statement against you.
Hire a workers’ comp attorney – Getting help from an experienced attorney is one of the best ways to maximize your compensation. Your attorney can provide general legal advice, negotiate for a fair settlement, and help you with the paperwork needed for your claim.

Does Surgery Increase My Settlement?

Technically, undergoing surgery can increase your settlement as long as the surgery is reasonable and necessary, according to your treating doctor. The cost of the surgery itself can increase your settlement, as it’s another medical bill workers’ compensation will cover.

Undergoing surgery may also increase the impairment in the part of your body where the surgery was performed. If that’s the case, you may be entitled to additional compensation for a greater partial loss of use of that body part.

Get Help from Our Experienced Workers’ Compensation Attorneys

Were you injured on the job in North Carolina? Do you want to maximize the compensation you could receive from your workers’ comp claim? The attorneys of Younce, Vtipil, Baznik & Banks, P.A. are here to help. One client says, “Not only are they top-notch in their profession, they’re also down-to-earth and compassionate.”

Our attorneys, David E. Vtipil and Chip Younce, are Board Certified Specialists in Workers’ Compensation Law. Mr. Vtipil has also been named among the nation’s Top 100 Injured Workers’ Attorneys and has been selected for inclusion in The Best Lawyers in America in the Workers’ Compensation Law field.

Call our law office at 919-661-9000 for a free consultation to learn more about how you can pursue the full workers’ comp benefits you are owed.

How Do I Maximize My Workers’ Comp Settlement in North Carolina?