- February 19, 2021
- Workers' Compensation
Accidents often happen even in a safe work environment. The North Carolina government set up a workers’ compensation policy to resolve workplace injury cases. The insurance policy ensures that insurance companies cater to employees if they get hurt.
The agreement also protects employers and their business from unnecessary legal action. The compensatory benefit is essential to the employees because it covers their medical care costs. It also makes sure they receive a percentage of their income while they can’t work.
Getting a North Carolina workers’ compensation lawyer is essential to your claim. They will ensure that the insurer handles your case fairly. An attorney will also see to it that the insurer adequately compensates you.
Workers’ compensation settlement negotiations in North Carolina can be lengthy. This article looks at how long it takes amid other things.
North Carolina’s Workers’ Compensation Laws
The Workers’ Compensation Act requires that any business with more than three employees get a workers’ compensation permit. Employers should provide their employees with a compensatory benefit if the need arises.
If your business’ part-time workers are more than three, the policy does not exclude them. It also includes employees who work with radiation because of their job’s dangers. However, the policy excludes some employees, such as railroad workers, independent contractors, and casual employees.
Failing to comply with the Act as an employer could result in a felony and possible jail time. Also, if an employer does not insure their employees, they will be liable for their compensation. It means that an employee can sue the employer for damages. You need a Charlotte workers’ comp attorney to file an action.
Injuries covered under the North Carolina workers’ compensation laws are back injuries, slip and falls, machine accidents, and automobile accidents. It also covers occupational diseases such as carpal tunnel syndrome, some cancers, etc.
Duration of Workers’ Compensation Settlement Negotiation
After the workers’ compensation insurer has given you an offer, it is up to you to choose if you want it or not. You could decide you want a better offer and then make your preferred request. This exchange will go on until you reach an agreement.
In North Carolina, negotiation in workers’ compensation settlement entails reaching an agreement between yourself and the insurance company. A workers’ compensation case typically takes about 12 to 14 months. This duration is when the employee has no lawyer, a permanent disability, and refuses to negotiate.
However, if the employee seeks a workers’ compensation attorney’s services, the settlement might take longer. An experienced compensation lawyer will not allow you to settle for fewer benefits than you deserve. And this is where negotiation comes in.
If you have an attorney negotiating your settlement, it can take 18 to 20 months before an agreement. Even though negotiations delay payment, you can be sure to have a more favorable result.
Factors to Consider When Negotiating Workers’ Comp
Negotiations take so long because the workers’ compensation insurers will want to give you less money than you deserve. But, before you or your compensation attorney agree on a settlement, you have to consider the following.
- Medical Cost: During the negotiation, the insurers will consider your treatment cost, doctor visits, and hospital stays. These costs will be the basis for the offer they will make as workers’ compensation.
- Cost of Future Treatments: You have to consider future treatments like surgeries, therapy, and prescription medication costs.
- Presence of a Disability: Some workplace injuries leave the employee disabled, temporarily or permanently. It would help if you considered such a disability in your settlement.
It would be best to note other factors such as lost wages and North Carolina’s workers’ comp laws during negotiation. One way or another, these factors could lengthen the deliberation period.
For this reason, there is usually no standard time duration for the negotiation process. Each case is peculiar. After the deliberations, it should take between 4 and 8 weeks to get your money.
Contact a North Carolina Workers’ Compensation Attorney Today!
You can complicate your workers’ compensation case if you do not have an experienced North Carolina workers’ compensation lawyer. Your legal counsel will ensure the insurance company appropriately compensates you for your injury.
We offer a risk-free consultation to answer all your questions and worries concerning your workers’ compensation claim. We will walk you through the entire compensation process and walk with you to the very end of your case.
Our primary concern is that you receive the benefits you rightfully deserve. You can be sure that you and your case will receive the proper attention needed from us. Call us today!
