In considering any overall settlement of a North Carolina Workers Compensation case that is accepted, where the worker can return to work but with medical restrictions, the worker and his/her attorney will likely take a look at the following key items:
- The future potential lost comp payments (in the form of Temporary Total Disability (TTD) Payments) during the time the worker has to be retrained. If the worker has to return to college, then this could be four years plus at least another year to search for a new job. The cost of retraining also should be figured. In cases where the worker is completely disabled from everything, a longer period should be considered.
- The future TTD payments for the employee until he/she can reasonably get new work in an appropriate job
- Any permanent disabilities or disfigurement. These are figured up from the statutory schedule and based on the percentage of impairment assigned to that body part by the physician.
- The future medical component – the amount and types of medical bills that will have to be paid for the worker’s lifetime going forward for doctor visits, hospital stays, medical equipment, potential surgical procedures, and prescriptions.
- Whether there are any Medicare Set-Aside Arrangements that need to be set up
- Social Security Disability Insurance Set-Offs—this is a standard paragraph we put in all settlement agreements whether you have applied for SSDI or not.
The worker and the North Carolina Worker’s Compensation lawyer will figure out all of these items individually, determine whether there is any overlap or eligibility issues and then add up all the figures to come to a total sum, which really provides two figures—one that is a reasonable maximum to demand of the insurance company, and a range of figures that the attorney and client agree is a reasonable range of figures for settlement of the claim.
Contact North Carolina Injured Worker Lawyer Joe Miller to Properly Settle Your Claim
Before you settle a North Carolina worker’s compensation claim, you need to speak with an experienced injured law attorney. Once you agree to settlement, especially at mediation, you will not be able to ask for additional sums. You may be ineligible for other benefits like Medicare payments for medical bills if you don’t complete the right forms or take the proper steps. The insurance company has no obligation to inform you about these things. Joe Miller Esq. has helped thousands of personal injury and injured worker claimants in North Carolina and Virginia get the right results. Contact Joe Miller Law at 888-694-1671 to schedule an appointment. You can also fill out the online form or email me at jmiller@joemillerinjurylaw.com