The system of Workers' Compensation is set up to provide certain benefits to injured workers. The workers' compensation insurance company is responsible for paying all appropriate benefits. Unfortunately, insurance companies often do everything that they can to AVOID paying benefits. If the insurance company can pay you or keep the money for themselves, what do you think is going to happen? Insurance companies are for profit businesses and profits often win out over people.
Advanced Injury Law Group can help you receive any and all benefits that you may be entitled to under the law. We know workers' compensation, we know the system and we know how to hold insurance companies accountable. The insurance company has lawyers working for them and so should you. Your health and your future are too important to leave to chance.
Chapter 97 of the North Carolina General Statutes establishes two primary types of benefits for injured workers:
Medical Treatment
You are entitled to receive medical treatment for your injuries. All approved medical treatment is paid by the workers' compensation insurance company. This can include surgery, physical therapy, prescriptions, etc. Sounds simple, right? Wrong! Insurance companies are notorious for rejecting medical treatment and bills claiming that a worker's treatment wasn't "necessary". When this happens, medical bills fall into the lap of the injured worker. In addition to this, insurance companies like to get injured workers released from treatment prematurely. This saves the insurance company money, but it hurts you. We work hard to make certain that our clients get the medical treatment that they need. We want you to get healthy BEFORE you go back to work. You don't want to reinjure yourself by returning to work too soon. Don't let the insurance company pressure you to return to work before you are physically ready to do so.
2/3 Average Weekly Wage
North Carolina law allows you to recover 2/3 of your average weekly wage while you are unable to work. This is paid by the workers' compensation insurance company. This also sounds simple, right? Wrong! Insurance companies frequently miscalculate the amount that workers should receive. There is a very specific formula for calculating average weekly wage ("AWW") and it is important to make certain that it is applied correctly in your case so that you receive all possible benefits. Sometimes there are limitations on this benefit. We can discuss the particulars of this benefit with you to determine how it will apply in your case. We can also determine if the insurance company has been shorting you on what you should be receiving.
Settlements
Settlements at the end of a workers' compensation case often incorporate future benefits. Under North Carolina law, the injured worker can accept a lump sum of cash in exchange for releasing the insurance company from future responsibilities. In other words, the injured worker can get a cash settlement for the value of their future benefits that would be the responsibility of the insurance company. This is often accomplished through a "clincher" settlement. Our lawyers are skilled in negotiating these deals. Many clients like to have their cases settled at a certain point because it puts money in their pocket and it allows them (rather than the insurance company) to dictate the course of their future medical treatment.
Give us a call and we will be glad to talk with you more about benefits that you might be entitled to receive. We offer free consultations, so the call won't cost you a dime.
