Settlement of Workers’ Compensation Claims in North Carolina

David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security disability benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

Transcript of Video

There are two ways to settle workers compensation claims in North Carolina. The damages you are entitled to are two-thirds of your salary every week you can’t work. You get all your medical bills paid for that are related to the accident, it is not a general health insurance policy but it pays any medical bills associated with your injured area. The third thing you get is when the doctor releases you and says I’ve done everything I can do for you, then there’s an election of remedies depending on your ability to return back to your work. There are two ways to settle that final part of the claim. If you settle your case on what’s called a clincher basis, you give up your future rights and you can never come back and make a claim on that workers’ comp application. If you settle it without a clincher and leave it open there is a two year window where you can go back into court and reopen your workers’ comp case. It’s important that you consult a lawyer who’s from a with this area to make sure you don’t settle the wrong way. Sometimes it’s good to do a clincher, sometimes it’s not and I would certainly talk to a legal expert in the area.