A clincher agreement in workers’ compensation cases in North Carolina is often a final step in the process for injured workers. Whether or not you choose to accept one depends on your unique needs and desires. It’s important to hire a workers’ compensation lawyer to help you determine whether you want to accept an agreement.
Work With the Team at Ayers, Ayers and Dressler Today
The skilled team at Ayers, Ayers and Dressler focuses on giving new clients the tools they need to make informed decisions regarding their case. We know how destabilizing a workplace incident can be for survivors.
When life feels out of your control, you deserve to feel in control of your legal case. With over 100 Years of combined professional experience, focusing on workers’ compensation and personal injury law, our team is the obvious choice when injured workers need legal representation.
Workers’ Compensation Benefits North Carolina Employees Can Receive
In 2023, there were 85,700 illnesses and injuries reported throughout North Carolina workplaces. 24,100 of these cases resulted in the injured employee needing to take time off work to recover.
After being injured at work, North Carolina employees don’t have to prove fault in the incident. This allows them to easily receive workers’ compensation benefits.
However, it also means that they generally can’t open a legal claim against their employer, unless that employer’s intentional conduct or reckless actions led to the incident happening. Employees are able to receive medical treatment, rehabilitation services, and partial wages. These wages are two-thirds of your average weekly wage and are paid weekly until you’re able to return to work in full capacity.
How Workers’ Compensation Works in North Carolina
When a workplace injury happens, you’ll need to seek medical treatment immediately. When being treated, be sure to inform your provider that the incident occurred during work so they can note it in your chart.
You’ll then need to inform your employer of the incident as soon as possible. You’ll have 30 days to do so and must inform them both verbally and in writing.
After an injury, you are able to take time off work immediately to start your recovery. However, your partial wages won’t begin until 14 days after informing your employer of the incident. You can use sick time, vacation days, or other PTO during this period.
If you’re off work for over 21 days, that first week will be reimbursed to you.
What Is a Clincher Agreement?
A clincher agreement typically happens at the end of an injured worker’s recovery process. When their doctor has determined they’ve reached maximum medical improvement, the employer’s workers’ compensation insurance company will typically reach out to negotiate a settlement, also called a clincher agreement.
They do this to provide a final lump sum of money to give to the worker for additional medical treatment and wage replacement benefits.
Insurance companies often choose to offer clincher agreements for multiple reasons. These include:
- Ensuring they won’t have to pay for potential ongoing medical treatment
- Being able to close your case and streamline their case management
- Resolving any disputes if your case had disagreements about the extent of your injuries and your capacity to return to work
FAQs
What Is the Process of a Workers’ Compensation Settlement?
The process of a workers’ compensation settlement begins when your doctor determines you’ve reached maximum medical improvement. The insurer will then contact you to discuss a settlement. Your lawyer can determine whether a settlement is in your favor. Then, your employer will file the settlement with the North Carolina Industrial Commission, which oversees workers’ compensation. If they find that the settlement offer is fair and reasonable, they’ll approve it. You and your employer will then sign the final offer.
When Should I Accept a Clincher Agreement in a Workers’ Compensation Case?
When you should accept a clincher agreement in your workers’ compensation case depends on your unique situation. Discussing it with a lawyer can be beneficial. Many injured employees accept a clincher agreement so that they can move forward in their lives. However, if you have permanent disability from the incident, you may not want to accept the agreement. Permanently disabled workers are eligible for partial permanent disability wages.
Do Employers in North Carolina Have to Carry Workers’ Compensation Insurance for Their Employees?
Most employers in North Carolina have to carry workers’ compensation insurance for their employees when they are injured. They also have to uphold state safety laws. If they fail to do so and an employee is injured, that employee’s benefits will increase by 10%. However, if the injured employee knowingly broke safety laws that led to the injury, their benefits will decrease by 10%.
How Can a Lawyer Help Me in My Workers’ Compensation Case?
A lawyer can help you in your workers’ compensation case by helping you navigate the entire process from start to finish. If there are any disputes about what caused your injuries, they can argue on your behalf. If your claim resulted in a denial, they can represent you during an appeal hearing. Lawyers can help ensure that you’re receiving the benefits you are entitled to and that any settlements offered aren’t less than what you deserve.
Can I File a Personal Injury Claim Against a Third-Party if I Was Injured at Work?
You may be able to file a personal injury claim against a third party after experiencing a workplace injury. You’ll have one year from the date of the incident to do so. Pursuing a personal injury claim in North Carolina can be difficult, as you have to prove that you had no fault in the incident. You can recover compensation for losses such as your pain and suffering, disfigurement, medical bills, and lost income.
Hire a Workers’ Compensation Lawyer to Represent Your Unique Case
When dealing with the stressors involved with workers’ compensation, you need a strong legal advocate to ensure your rights are protected throughout the entire process. Contact Ayers, Ayers and Dressler today to learn how our lawyers can assist you during your case.
