Legal Question in Workers Comp in North Carolina

Offered a settlement, should I recieve more?

I injured my back L5 S1. Since then I have been taken out of work, had a microdisectomy, physical rehab, gone back to work, recieved an FCE, and now a disability rating of 10% from the doctor. They have offered me a settlement, how would I know if I am being short changed? I still have pain every day and have a hard time sleeping at night. Also since then I have been released from my job(I think it was injury related but it would be hard pressed to get them to admit to it, they said it was a policy violation). The insurance company has been good at doing what they could but I'm curious if they are still taking advantage of me? I truly feel that, maybe not now, but sometime in the future I have an even harder time with the pain. Ultimately, I have alot of questions!!

Asked on 7/25/06, 5:59 pm

3 Answers from Attorneys

MIchael Lewis Lewis & Daggett, Attorneys at Law
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Re: Offered a settlement, should I recieve more?

You should definitely speak with an attorney to make sure your rights are being protected. You may be eligible for future medical benefits, additional compensation, and perhaps would be eligible for a Clincher Agreement to receive payment in a lump sum. Our certified Workers' Comp specialist, Griff Shuler, will be glad to discuss this and answer your questions, free of charge and without obligation.

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7/27/06, 12:22 pm
Stephen Camak Lennon, Camak & Bertics, PLLC
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Re: Offered a settlement, should I recieve more?

If you can show you were let go for reasons related to your injury, you would be able to restart your weekly checks.

Otherwise, you can still demand a 2nd opinion with a physician of your choice to do a rating per the NC Industrial Commission Rating Guide. The two ratings will likely be averaged together, so there is some risk to it.

Also, make sure they have calculated your average weekly wage correctly, two-thirds of which is your "compensation rate". The higher the compensation rate and the higher the rating the higher your monetary payout will be.

Last, you may want to consider having your treating physician fill out an NCIC Form 18M, which, if approved by the Industrial Commission, while give you long-term medical rights.

The Form 18M and other information can be obtained online at the Commission website found in our links section at ncdisability.com.

Good luck!

S. Neal Camak

Law Offices of George W. Lennon

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7/27/06, 8:19 pm
George Lennon Lennon, Camak & Bertics, PLLC
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Re: Offered a settlement, should I recieve more?

Without more (much more) information, it is impossible to evaluate your situation. Get an attorney experienced in workers' compensation law and DO IT NOW. You have a right to medical records, a second opinion and many other potential rights which will be lost if action is not taken. Good luck!

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7/25/06, 7:00 pm

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