Greensboro Workers' Comp Settlement Values

Injured worker reviewing a workers' compensation settlement agreement with an attorney in Greensboro, NC.

Most people who are injured on the job wonder what the average workers’ comp settlement is. However, no workers’ comp settlement is “average.” Each one is based on the specific details of the worker’s injury and their wages.

An online workers’ compensation settlement calculator can’t take the details of the worker’s specific case into account, either. Too many variables come into play, including the workers’ compensation insurer. Plus, an online calculator may miss factors that could maximize your claim.

If you get hurt at work, you need skilled legal representation to protect your rights to the full workers’ compensation benefits you deserve. Call Hardison & Cochran | Injury & Workers Comp Lawyers right away for your free consultation. Let us put our skills and experience to work for you.

How Workers’ Compensation Settlement Values Are Calculated in North Carolina

North Carolina workers’ comp settlement amounts mainly involve medical benefits and wage-replacement benefits. The value of each of these benefits is determined differently.

Medical Benefits

Medical benefits should include all the money reasonably required to treat your work injury. That includes:

  • Hospitalizations
  • Surgeries and other treatments
  • Doctor’s office visits
  • Diagnostic testing
  • Medications
  • Medical supplies
  • Rehabilitation
  • Assistive devices
  • Physical therapy

Your settlement should take into account any unpaid medical benefits from the past, as well as money for any medical care you will require in the future. Your doctor should provide a treatment plan for your ongoing care to help you assess the money you’ll need going forward. However, some cases require expert witnesses to determine the full value of lifetime medical costs.

Wage Loss Benefits

Rather than just adding specific expenses, wage-loss benefits are based on your average weekly wage (AWW). Your average weekly wage is typically the average of your wages for the 52 weeks before your injury, up to a set maximum. Your AWW should include regularly worked overtime, tips, bonuses, and commissions.

From there, the calculation will depend on how long you are out of work and whether you have any permanent impairment:

  • Total disability: You can get wage loss benefits if you’re completely unable to work while your injury heals. These weekly payments equal 66 2/3 percent of your average weekly wage. Your settlement should include weekly benefits for income you missed while you were treating your injuries, as well as any time you will be off work in the future because of your injury. Unless you have certain severe conditions, these benefits may only last up to 500 weeks.
  • Temporary partial disability: If you are able to return to light-duty work or a reduced schedule that pays less, you may be entitled to benefits that pay 66 2/3 percent of the difference between your pre-injury wage and your current wage.
  • Permanent partial disability: If your injury leaves you with permanent impairment of a part of your body, you may be owed permanent disability benefits. These benefits are calculated using an impairment rating from a doctor, your average weekly wage, and the workers’ comp schedule of injuries found in the Workers’ Compensation Act.
  • Vocational rehabilitation: If you are unable to return to your regular job because of your work injury, you could be entitled to vocational rehabilitation. That means your settlement can include money for education and retraining, as well.

Once you determine all the benefits you’re entitled to under the Workers’ Compensation Act, you can assess the value of your claim.

Key Factors That Affect Your Greensboro Workers’ Comp Settlement Value

At some point, most injured workers wonder, “How much is my workers’ comp case worth?” The answer depends on a range of factors, including:

  • Your average weekly wage: Wage loss benefits often make up a significant portion of a settlement. These benefits are calculated using your wage as a base, which means your AWW before the accident plays a part in your settlement.
  • The severity of your injury: More severe injuries usually require more medical care and more time off work. The costs of both factors affect the amount of your settlement.
  • Any permanent impairment: If your injury leaves you unable to use a part of your body or with diminished strength, you can receive compensation for that loss. The greater your impairment, the greater your permanent disability benefit.

Types of Workers’ Compensation Settlements in North Carolina

In North Carolina, most workers’ comp settlements are paid in one of two ways:

  • Lump sum: A workers’ compensation lump sum settlement will be paid all at once. Then you will have the option to use your settlement funds all at once or save some to pay for later expenses.
  • Annuity: When you take your settlement as an annuity, you’ll get a guaranteed payment for a set number of years. An annuity is a good option if you think you’ll need the money spread out over time.

Understanding Impairment Ratings and Their Impact on Settlement Value

Impairment ratings can have a significant impact on your workers’ compensation settlement. If your injury doesn’t completely heal, you will eventually reach maximum medical improvement (MMI). MMI is the point at which additional medical treatment will not improve your condition.

When you reach MMI, your doctor or the insurer’s doctor can provide an impairment rating. This impairment rating is a percentage that indicates how much of your usual, healthy abilities you’ve lost due to the workplace accident.

Your permanent partial disability benefit is then calculated using 66 2/3 percent of your average weekly wage, the impairment rating, and the schedule of injuries found in the Workers’ Compensation Act.

For example, say David suffered an anterior cruciate ligament (ACL) tear at work, had surgery, and reached MMI. He can’t bend his knee or put as much weight on that leg as he once could. Here’s how David’s permanent partial disability benefits could be calculated:

  • Impairment rating: 35 percent
  • Leg impairment compensation period: 200 weeks of benefits
  • Weekly benefit: 200 weeks x 35 percent = 70 weeks
  • Average weekly wage: $900 per week x 66 2/3 percent = $600
  • Total disability benefit: $600 x 70 weeks = $42,000

However, this is only one part of the full workers’ comp benefits you may be owed. Our attorneys can review your case and help you understand your potential settlement value.

Common Mistakes That Reduce Workers’ Comp Settlement Values

You can help protect your workers’ compensation claim and your settlement by avoiding some common errors, such as:

  • Failing to report your injury on time
  • Failing to get medical treatment right away
  • Failing to follow your doctor’s treatment plan
  • Missing doctor’s appointments
  • Providing incomplete or inconsistent information
  • Believing the insurance company is on your side
  • Failing to appeal a denied claim
  • Settling before you reach MMI
  • Posting about your injury on social media
  • Failing to negotiate once the insurer makes a settlement offer
  • Miscalculating the value of your settlement
  • Failing to consult a workers’ compensation attorney

If you hire a Greensboro workers’ comp attorney right after you get injured, they can help you avoid all these errors so you can make the most of your workers’ compensation settlement.

When to Settle vs. Continue Receiving Benefits in Greensboro

You should think carefully before you decide to accept a settlement offer in your workers’ compensation case. Once you settle, your case is closed, and the insurer will not pay for anything else, even if you have to get additional medical treatment for your workplace injury.

You may be eager to see an end to any dealings with the workers’ comp insurer, but consider these factors:

  • Have you returned to work? Are you likely to? If you’re unsure about your future employment, you may want to delay settlement until you have answers to these questions and the settlement offer is sufficient.
  • What are your future medical needs? Will you need additional care? Will your condition worsen over time? If you know you’ll need medical care soon, you may not want to settle your case. Let the workers’ comp carrier cover it. If you think you’ll need surgery related to your work injury in the distant future, make sure that possibility is covered in any settlement offer you accept.
  • Have you reached MMI? If so, you’re probably in a position to settle your case. Otherwise, you likely don’t have a good grasp on the full value of your claim, making it risky to accept a settlement.
  • Are your workers’ comp checks often late? Do you feel as if they’re surveilling you? If dealing with the workers’ comp system is bothersome, weigh that against the long-term implications of giving up your rights to future benefits before you agree to settle.

Contact Hardison & Cochran | Injury & Workers Comp Lawyers to Maximize Your Workers’ Comp Settlement

When you’ve been injured on the job, your next step after you get medical treatment should be to hire a seasoned workers’ comp lawyer like those at Hardison & Cochran | Injury & Workers Comp Lawyers. We have more than 40 years of experience in representing injured workers. In that time, we’ve recovered millions of dollars in settlements and awards listed in our case results for our deserving clients, including $3.5 million in compensation for a North Carolina worker who was paralyzed on the job.

Our dedicated team has been recognized by Super Lawyers, Best Lawyers, The American Trial Lawyers Association, and Martindale-Hubbell for our outstanding work on behalf of our clients. More importantly, we’re humbled by the kind words our former clients have written about us, such as this testimonial from Doris C.:

“Hardison & Cochran help me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.”

— Doris C.

By handling only injury and disability cases, we can keep our focus on putting our clients first. We’re ready to bring that diligence and advocacy to your case.

Don’t handle your workers’ comp claim on your own. Call our office or contact us online for a free consultation with an experienced Greensboro workers’ comp lawyer today.

*Each case is unique, and past results do not guarantee future outcomes.