Can I Receive A Lump Sum Payment For My Disability Checks Instead Of These Checks Being Issued Weekly?

The answer to this question is, sometimes. This issue was recently addressed by the North Carolina Court of Appeal in the case of Blackwell v. N.C. Dept. of Public Instruction (2024).

This case dealt with an injured employee who due to her workplace injury was determined to be permanently and totally disabled from returning to any type of work in the future. The injured employee requested a lump sum payment for her future disability checks instead of continuing to receive the disability checks on a weekly basis.

The North Carolina Court of Appeal noted that pursuant to N.C. Gen. Stat. 97-44, whenever any weekly payments have been continued for not less than 6 weeks, the North Carolina Industrial Commission may in “unusual cases” order a lump sum payment for future Disability Checks, if it is in the best interest for the injured employee or her/his dependents.

In this case, the North Carolina Industrial Commission and the North Carolina Court of Appeals both determined that there was not sufficient evidence presented to prove that this case was an “unusual case” and a lump sum payment to the inured employee for her future disability checks was in her best interest or the best interest of her dependents.

This case highlights the importance of presenting the evidence you need to in order to prove what you are requesting the North Industrial Commission order in your case.

Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.