North Carolina workers who are injured on the job may be pressured by their employer to sign a quick settlement. While the majority of workers’ compensation claims are ultimately resolved by a settlement, it is important to speak to an experienced North Carolina workers’ compensation attorney before signing off on a proposed settlement. The decision of whether to accept a settlement agreement should involve comprehensive analysis of the worker’s circumstances and needs, the injury and any related disability, and the relative value of the benefits the injured worker is being asked to give up. The insurance carrier will know what has been paid to settle similar cases. Injured workers should have an advocate on their side who also knows the value of the claim and how to get the carrier to pay it.
A settlement can be reached with or without formal mediation at any time and may be a partial settlement or a complete settlement of all issues and liabilities. Once the settlement is approved by the Industrial Commission, it is legally binding, whether or not it was a good deal for the injured worker.
Prior to agreeing to a settlement, there are some questions injured employees should consider:
- How are your rights to any private employer provided benefits affected by your settlement?
- Are you willing to resign your employment as part of your settlement?
- If you resign, are you being adequately compensated for it?
- What other rights are you giving up?
- If your injury doesn’t heal properly, are you being adequately compensated for long-term disability or vocational training?
- Does your settlement affect Social Security Disability benefits and Medicare coverage?
- Does your settlement give fair value for wage replacement and medical benefits?
What is a Clincher Agreement?
Most workers’ compensation claims in North Carolina will eventually settle by a “clincher” agreement. This is a full and final settlement that resolves all issues including medical treatment and wage replacement benefits. It is intended to entirely resolve the claim.
Contact Our Workers’ Compensation Lawyers Today for a FREE Consultation!
If you or someone you love has been injured on the job or acquired an occupational disease, it is important to seek the advice of an experienced workers’ compensation attorney. At Hill Evans Jordan & Beatty, PLLC, we are skilled litigators with years of workers’ compensation experience. We will fight for your worker’s compensation claim and for your future. Call us today at (336) 379-1390 or fill out our confidential contact form for more information.
The workers’ compensation attorneys at Hill Evans Jordan & Beatty, PLLC are proud to represent injured workers in Greensboro, Winston-Salem, Kernersville, High Point, Burlington, Salisbury, Asheboro, Durham, Chapel Hill, Cary, Apex, Raleigh, Wilkesboro, Eden, Reidsville and throughout the state of North Carolina.