When workers are injured on the job, they often wonder what the average workers’ compensation settlements in North Carolina are. As with any legal matter, your settlement will depend on a variety of different factors. After suffering an injury while on the clock, North Carolina workers continue to turn to the workers’ compensation system. This helps injured workers manage medical costs and other injury-related needs. Ayers, Ayers & Dressler can assist you in seeking these benefits.
Average Workers’ Compensation Settlement in North Carolina
It’s important to note that there is no standard average settlement in North Carolina. Severe injuries that result in permanent disability or significant medical treatment typically result in larger settlements. However, less serious injuries with no lasting health consequences often result in smaller settlements, particularly if you can go back to your job without any issues.
There is a wide range of potential settlements in workers’ comp cases. Each case is unique, so your settlement will depend heavily on the facts of your claim. According to the U.S. Bureau of Labor Statistics, private employers reported 2.5 million nonfatal occupational illnesses and injuries in 2024, a 3.1% decrease % from 2023.
Workers’ Compensation Laws in North Carolina
Like every state, North Carolina has comprehensive workers’ compensation laws. These laws lay out everything from who is eligible for workers’ compensation to what injuries are covered to what benefits injured workers can receive.
North Carolina’s workers’ compensation laws are outlined in the North Carolina Workers’ Compensation Act. It specifically states which types of injuries and accidents are compensable. In addition, it also lays out the types of benefits injured workers are eligible for.
Factors That Affect Workers’ Compensation Settlements in North Carolina
As you will soon learn, workers’ compensation settlements are determined by a variety of factors. Some of the biggest factors that affect settlement amounts include:
- Medical treatment: The severity of your injury and required treatment will have a big role. Serious injuries that require surgery or cause permanent impairment typically result in higher settlements.
- Lost wages: Should your injury prevent you from returning to your job or working in any capacity, lost wages are usually factored into your settlement.
- Permanent disability: Your doctor may assign a disability rating, which equates to a certain percentage of impairment. This can also affect your settlement.
Types of Workers’ Compensation Settlements in North Carolina
In North Carolina, there are two basic types of workers’ compensation settlements. The first is known as a clincher agreement. These agreements completely settle your workers’ compensation claim. You receive a lump-sum payment in exchange for closing your claim, including future medical treatment.
Some workers’ compensation settlements in North Carolina are called Form 26A agreements. A Form 26A agreement usually only settles the disability portion of your claim. It leaves your medical benefits open.
Essentially, a clincher agreement closes your claim permanently, while a Form 26A leaves you the option to reopen your claim in the future.
Why Some Claims Receive Larger Settlements
If two workers suffer similar injuries, one may settle their case for much more money than the other. Each workers’ compensation claim is unique.
Maybe the injured worker is a construction worker who can no longer perform manual labor. Another possibility is that the injured person is in their early twenties and still has a lot of work years in front of them. Maybe the injured worker received irregular treatment for their injuries, or the records don’t clearly show what happened. There are many reasons why two cases may result in very different benefit levels.
All facts of the case are taken into consideration when determining what a settlement should be and how much you will need.
Why Hire a Workers’ Compensation Lawyer?
If you hire a workers’ compensation lawyer in North Carolina, they can provide clarity to your case. Navigating workers’ comp processes often feels like deciphering a complex maze of regulations, dates, and required forms.
You communicate with insurance carriers, medical providers, and state agencies anytime you file a workers’ compensation claim in North Carolina. Each communication affects your claim. A North Carolina workers’ compensation attorney can explain the legal process and what to expect. They can also handle these communications on your behalf.
FAQs
How Is a Workers’ Comp Settlement Calculated in NC?
Essentially, any workers’ compensation settlement is calculated using your medical treatment, average weekly wage, and permanent disability rating. North Carolina wage-replacement benefits will pay two-thirds of your average weekly wage up to a maximum. Injuries that require future medical treatment and affect your ability to return to work can increase your settlement.
How Likely Am I to Get a Settlement From Workers’ Comp in North Carolina?
The majority of workers’ compensation cases in North Carolina settle. However, some do not. The likelihood you’ll receive a settlement depends on many factors. Injuries that require extensive medical treatment, leave permanent scars, or cause impairment are more likely to settle. Each case is unique, but if you have a legitimate claim and enough medical evidence to support your injury, you could recover compensation.
What Does a 5% Impairment Rating Mean?
Simply put, a five percent rating means that your doctor has assessed that you have sustained a five percent permanent impairment to your body. The five percent rating refers to the loss of use in a specific body part. In North Carolina, this rating would correspond to a specific amount of money awarded to you, based on our benefit schedule.
What Should I Not Say to a Workers’ Comp Evaluator?
When speaking about your workers’ compensation claim, don’t minimize your injuries. Do not claim that your injury was caused while doing something unrelated to work. Avoid speculating about facts. Avoid telling different versions of the events. Also, don’t exaggerate your symptoms. Be clear, accurate, and consistent. This can let your claim be judged fairly and eliminate delays or denials.
Contact Ayers, Ayers & Dressler Today
Navigating workers’ compensation can be overwhelming, especially when you’re injured. Fortunately, understanding how settlements are calculated, what factors affect their value, and when to call for support can help you approach your case with confidence.
Ultimately, your settlement is meant to represent the impact your injury has had on your life and work. If you need workers’ compensation benefits, Ayers, Ayers & Dressler can seek the compensation you need. Contact our experienced firm today for more information.
