How Often Do North Carolina Workers Comp Cases Go to Trial? 2024

In the aftermath of a workplace accident, you may suffer a severe injury. After going through all the proper notifications and meeting the right deadlines, you may be looking forward to receiving workers’ comp. However, your employer may not be willing to let you have it, prompting your need to hire a workers’ comp lawyer. As you pursue your fight for your benefits, you may be wondering, “How often do North Carolina workers’ comp cases go to trial?”

How Often Do North Carolina Workers Comp Cases Go to Trial?

Truthfully, not very often. A workers’ comp benefits disagreement can often be simplified and negotiated between your lawyer and your employer’s insurance provider. The North Carolina Workers’ Compensation Act protects your rights to workers’ comp benefits and ensures that if your employer qualifies for workers’ comp insurance, you should receive the benefits you deserve.

However, sometimes things don’t work out the way they should, though most cases are settled out of court through mediation or arbitration.

Typically, a workers’ comp case might only go to trial if your employer’s insurance company totally disputes your entire case. The important details they may dispute are:

• Whether the injury happened to you at work.
• Whether your injury is so bad that it keeps you from working.
• Whether you need any medical benefits at all.

The Workers’ Comp Claims Process in North Carolina

Before deciding whether or not to take your workers’ comp claim to trial, you may want to fully understand the important steps of the overall process. Here are some of the crucial steps when it comes to filing for workers’ comp benefits in North Carolina:

• Report Your Injury: Under North Carolina state law, you are required to notify your employer of a workplace injury within 30 days of the accident. You should notify them as soon as possible to avoid any possible hassle closer to the time of your filing date. You should submit a written report of the injury, complete with any medical records you may have.
• Follow Your Treatment Plan: After your injury, seek out immediate medical assistance, and be sure to follow your treatment plan as closely as possible. If you fail to follow your treatment plan, the employer’s insurance company may be able to use that as proof that your injury is either not real or not that serious.
• Fill Out Form 18: In order to file an official claim for workers’ comp, you will need to fill out Form 18 from the North Carolina Industrial Commission or from your employer. Once it’s filled out, submit it to the Commission. You will then need to wait for a decision. If your claim is approved, you will receive benefits. If it’s denied, you can appeal.
• Employer Response: Upon filing for workers’ comp, your employer will have to fill out a form as well, which is called a “First Report of Injury,” or FROI. After submitting this form, the employer will have their opportunity to respond to the claim. They can accept the claim or deny it. If your claim is denied, you should retain a workers’ comp lawyer and start negotiating.

FAQs

Q: How Long Does It Take to Settle a Workers’ Comp Case in North Carolina?

A: There isn’t a particular time frame to determine how long it will take to settle a workers’ comp case in North Carolina. Every workers’ comp case is different. Each case has its own details, circumstances, degrees of evidence, and parties involved that can influence the ultimate decision.

Certain factors must be taken into consideration with every case, such as the severity of your injuries, your following of the treatment plan, your lawyer’s negotiation skills, and each party’s willingness to compromise.

Q: What If My Employer Doesn’t Want Me to File a Claim?

A: If your employer is actively trying to prevent you from filing a claim, either through guilt, promises, or threats, you should absolutely file a claim. You are entitled to certain rights under North Carolina employment laws, including the right to workers’ comp in the event of a workplace accident. If your employer tries to stop you from filing a claim, you may want to seek out a workers’ comp lawyer who can help you protect your rights.

Q: How Long Can You Stay on Workers’ Comp in North Carolina?

A: You can generally stay on workers’ comp in North Carolina for up to 500 weeks, and that includes temporary total and partial disability benefits. Workers who suffer an injury in the workplace may qualify for such benefits while they are in recovery and even for some time afterward to help facilitate an adjustment period. There is no guarantee that you will receive a full 500 weeks of workers’ comp. Your lawyer can help you determine the total amount you may qualify for.

Q: How Much Does Workers’ Comp Pay in North Carolina?

A: Generally, workers’ comp pays around two-thirds, or 66%, of your standard wages. For some workers, workers’ comp may be a comfortable living wage for the time being. For others, it may not be enough to cover their total expenses. Workers’ comp is supposed to provide you with temporary financial assistance so you can focus on your recovery and adjusting to a new normal, with the idea that, eventually, you will be able to rejoin the workforce. Unfortunately, that may not be possible for some workers.

Reach Out to an Experienced Workers’ Comp Lawyer Today

Most workers’ comp cases will never see the inside of a courtroom due to the impracticality of bringing such cases to trial. However, that doesn’t mean that it won’t happen. An experienced workers’ comp lawyer can help you get your case decided during settlement negotiations and ensure that you aren’t taken advantage of by insurance companies looking to intimidate you into settling for a low offer.

The legal team at Bridgman Gantt Law Offices can assist you in building your case, gathering evidence of your accident and injury, and protecting your interests against insurance companies and stubborn employers. Contact us to schedule a consultation with a valued team member today.