FAQ: What Is My Worker’s Compensation Case Worth?
By Raleigh + Durham Worker’s Compensation Attorneys at Hyland + Padilla, PLLC
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.