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FAQ: What Is My Worker’s Compensation Case Worth?

FAQ: What Is My Worker’s Compensation Case Worth?

By Raleigh + Durham Worker’s Compensation Attorneys at Hyland + Padilla, PLLC

Video Transcription:

Hi it’s Andrea Fowler, I’m an attorney here at Hyland & Padilla. Today I’m answering a question on.. “What is the value of my worker’s compensation case?”

This question is honestly very difficult to answer. It’s hard to tell until you get to the very end of your case. What I want to go over with you before I tell you how we determine the value of your case, is to just go over what you are entitled to get under the North Carolina Worker’s Compensation Act. For instance, if you were in an auto accident, you have something everyone’s heard of available to you as a damage, it’s called ‘pain and suffering’.

Well, in North Carolina, Worker’s Compensation Act does not include any payment for pain and suffering. However, what they do have is a payment for permanent injury. That permanent injury rating is usually given to you by your doctor. It’s really important if you are unhappy or unsure about the permanent injury rating that you received from the doctor worker’s comp has sent you to to contact an attorney. There are other ways to get 2nd opinions from different doctors that may be able to give you a more favorable opinion. Your payment on that impairment rating is based on how high it is. It is also based on how much you make per week. Both of those numbers you want to try to maximize and make sure they are accurate so that we can determine what the value of your permanent injury rating should be.

Now, that is one way to settle a worker’s compensation case is with a big permanent injury payout, it is done on a form we call 26-A, and it will actually lave your medical treatment open for two years after the last date that the insurance company paid for your medical treatment. You can continue to go back to the doctor after that.

Now there’s a second way some worker’s compensation cases are settled, that’s what a lot of people refer to as a ‘clincher’ or a compromised settlement agreement. That is where somebody takes their worker’s compensation case and essentially the insurance company offers them a lump sum of money to close the entire case. There is no future medical treatment, all of that would be included in a settlement that releases them from liability from the claim. Some people opt for that option and some people opt for the first option, there are a number of factors that go into which of those option makes more sense for any particular client, and the best way to determine what option makes the most sense for you and your case, is to contact Hyland & Padilla or any attorney. We can be reached 24/7 and can set you up with a free consultation to go over the specific facts of your case.

If you need assistance with your worker’s compensation claim, or the insurance company is denying a claim you feel should be covered, give Hyland + Padilla a call today to discuss your situation with one of our Raleigh + Durham worker’s compensation attorneys.

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  • Andre and her assistant Stephanie help me since I was on the hospital great answering my questions and no pressure to get the case I recommend them and if I need it in a future they be my first option

  • Ana N.
    Ana N.

    Great group of lawyers who really care about their clients. If you need a personal injury lawyer, this is the firm for you.

  • Katherine Free
    Katherine Free

    I have been a client of Hyland and Padilla for over 13 years. I am very pleased with their services, their personal attention, and their friendly support. It is always a pleasure to speak with them, no matter how much time has passed. They create a comfortable atmosphere and help to assuage feelings of fear and anxiety, whether in the office, on the phone, or in the courtroom.

  • Juana G.
    Juana G.

    I highly recommend Hyland + Padilla PLLC ! Everything for our case was well explained & the results for my case were better than I expected. Thank you so much!

  • Angelina B.
    Angelina B.

    Son los mejores abogados de compensación laboral en Raleigh. Mi hijo tuvo un accidente en un lugar de trabajo que lo dejó gravemente herido e incapaz de caminar, pararse o sentarse en cualquier posición durante mucho tiempo. Los abogados de Hyland y Padilla se aseguraron de que mi hijo recibiera la compensación que necesitaba para pagar las facturas médicas y reemplazar el ingreso perdido. Definitivamente los recomendaría para lesiones en el trabajo.

  • Julie J
    Julie J

    Andrea with Hyland and Padilla was extraordinary on my case! She was very professional, courteous and went above and beyond the call do duty to resolve my case with expertise and the least amount of disruption to my life! I want to thank her and all at the firm for assisting me with closure in a very traumatic life event! Thank you for everything you did!

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