When examining workers’ compensation cases in North Carolina, it’s important to identify the facts. In most auto accident cases, there tends to be negligence on the part of at least one party. In some cases of worker’s compensation, however, there are no verdicts and no damage trials – just injuries. The question then becomes whether or not a workers’ compensation case requires the intervention of a neutral third party to get the insurance company to agree to a lump sum payout by an insurance company. Deputy Commissioners in North Carolina do not have the authority to order workers’ compensation carrier to pay lump sum payments.
Secondly, negotiations must take place with an insurance company in order to reach a settlement agreement. They must be convinced of the following:
This case may remain open for years and cost the insurance company far more than it will to simply settle now. Lost wage benefits, future medical costs, and other unknown expenditures may rack up while the case drags on, costing the insurance company (and ultimately the company they represent) considerably more the longer the case takes.
This is why you need an experienced workers’ compensation attorney on your side. You need someone to convince the insurance company that it’s better to cut their losses now.
Settlement Is Not A Requirement
A settlement in a workers’ compensation case is not an absolute requirement of your employer’s insurance company. Rather than issue an official settlement, they can do two things:
- As long as your medical impairment continues, pay for medical care.
- With a maximum exposure of approximately 9 ½ years in many cases, pay out lost wage benefits.
That said, most insurance companies still prefer lump sum settlements so they can close the file. This type of settlement eliminates the worry and possibility of unknown final exposure in the future. For example, the insurance company may not want to agree to pay out over $50,000 even though your bottom line has clearly been stated as $100,000.
Settlements Are Facilitated by Good Mediators
To help get the best settlement possible, an injured worker’s best bet is to hire ann experienced attorney to assist with mediations and negotiations. Mediators in workers’ compensation cases who are trusted by involved parties help move along the mediation process more smoothly, resulting in a more favorable outcome for everyone. A good mediator looks at the case in question and points out all relevant strengths and weaknesses to both parties. This levels the playing field.
Hire Cardinal Law Partners to Help with Mediation
Even after mediation, an immediate settlement is not always agreed upon. Still, in the pursuit and eventual receipt of a cash lump sum settlement, mediation can be extremely effective if performed by experienced, knowledgeable, and empathetic representation. The attorneys at Cardinal Law Partners are the perfect choice for that role.
If you’ve been injured on the job, you deserve to have your rights represented by a knowledgeable, established, and experienced workers’ compensation attorney like those at Cardinal Law Partners. For a free consultation, contact us today.