Legal Question in Workers Comp in North Carolina

I broke my heel last Nov 2015, and just recently was released by the doc with 15% disability in my foot. Workers comp has been paying me whole time I have been out but now wanting to close case, they sent letter saying they could pay me 26400, and my company would give me extra 100 for cooperating but wants me to quit, well I called my WC agent yesterday and ask for 30,000 he called back in 10 mins and said yes. I don't want to make a mistake and then be told I could have gotten lots more, I know this heel will give me problems for rest of life I'm 46. Want to know an amount I may could get.

Asked on 10/05/16, 4:16 am

1 Answer from Attorneys

Bob Bollinger Bollinger Law Firm PC

Well, looks like $30,000 is the amount you can get. It sounds like you have already demanded an amount and they agreed to pay it. The fact that they quickly agreed to your demand of $30K does mean that they would have probably paid more, but you won't get it now because they know you are willing to settle for $30K. Depending on your comp rate, date of injury, restrictions, and work history, the case could have been worth a whole lot more. I suspect the $26,400 was based on the amount they owed you for the 15% rating. A 15% to the foot is worth 21.6 weeks times your weekly compensation rate, and that is the minimum amount that they have to pay you. If you were having trouble making your pre-injury earnings due to the injury or restrictions, then you could have received wage loss benefits for up to 500 weeks, or the present value of a potential stream of such future income.

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Answered on 10/12/16, 12:13 pm

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