The Bollinger Law Firm, P.C.

Getting the most out of your workers' comp claim

Each workers' compensation claim varies based on many factors. The amount paid out may be significantly different in each case. How can you get the most out of your claim, and how do you know a settlement offer is fair? Here are a few things to keep in mind.

1. Workers' compensation offers many benefits

Under workers' compensation insurance, you are entitled to many benefits including medical treatment, lost wage replacement, which is two thirds of your average weekly wage up to $978.00 (the limit in 2017), and permanent partial disability benefits if applicable.

2. In You could sue if an injury was caused by reckless or intentionally negligent acts

Sometimes, you have the option to sue or to seek a workers' compensation claim. Normally, when a workplace accident occurs, you have only one option: You seek a workers' compensation claim. However, if your employer was intentionally harmful to you or reckless, then you may refuse to take workers' compensation and choose to pursue a lawsuit against your employer instead. There are specific circumstances in which this is allowed, so your attorney needs to know the specifics of your case before moving forward.  However, these situations are quite rare. 

3. You can't be fired for filing a workers' compensation claim

What does this have to do with getting the most out of a claim? It guarantees you the right to a claim, to start with. Of course, any time you face repercussions for making a claim, your attorney is able to help you seek further compensation for unfair treatment. Not allowing you to make a claim or treating you differently because you did is against the law.  If you are retaliated against for filing a comp claim, you need to file a REDA claim with the NCDOL. 

Workers' compensation tries to give you what you need to survive as you recover from an injury.  Your attorney can help you make a decision on the right path forward.

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