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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117358
Experience:  20+ Years of Employment Law Experience
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I have a question about workers compensation in North

Customer Question

Hi there, I have a question about workers compensation in North Carolina: I have established workers compensation case, and received check and medical assistance. My company is based in GA, Atlanta but I'm established and worked in NC when I have injury. Lately my Attorney pushing me to close case because per him my company will close business and will transfer my case in NC than he said that my state will only pay minimum check. I'm scared and looking for help because I have different information that my company business is in good standing and I think that both Attorneys are in agreement just to push me to take some money and finish my case because I am lately established my SSD check, because I am not able to return to work. I want to know what is true in my case: what if willy is true that my company really going are business, what will happened with my case, what is my rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Even if your company goes out of business, they have workers compensation insurance and the insurer has to keep covering the payments to you. So I do not know what the attorneys are trying to tell you. Unfortunately, workers compensation does pay you only 66 2/3 of your base pay and you would not be able to collect any pain and suffering, so the value of a workers compensation claim is usually much lower than employees may believe it to be.
You should also not settle your claim if you have not reached your maximum medical improvement and have not received a permanent disability rating yet and need to tell your attorney that.
If you receive SSDI, then what you receive from your workers compensation insurer will also be less than you would if you were not receiving SSDI. So you need to make your attorney do his job and tell him you want him to show you the money breakdown on your case as to what you are being offered to settle and also tell them you want continued medical care included in any settlement (since you do not want to have to worry about getting medicare or medicaid to pay for that later.
Customer: replied 1 year ago.
Thanks, ***** ***** clarify that we are on same page: My company is in Atlanta, GA and I live in Charlotte, NC than I stop receiving checks and medical care because my company not paying any more insurance company who usually take care of all. For three months I'm not received checks and medical care than now my Attorney pushed me to settle my case because he said that my company want to push my case in my state NC and that will reduce my monthly payment on minimal rate! Please reed carefully my question?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Whether your company is paying the insurance company or not, the insurance company remains bound to pay your claim for an injury that happened when they were being paid. I read your question carefully.
Your attorney is saying your case is under NC law, which is correct, even though your employer is located in GA, because you were working in NC and the injury happened in NC, so NC law applies to your case. Again you will not receive a huge amount of money in these workers compensation cases because they only have to pay you 66 2/3 of your base wage at the time of injury and only for up to 10 years depending on your injury, so the amount is much less than most employees think it should me.
Again, you need to also understand I cannot see your case files so I do not know all of the details your attorney knows about your case and thus cannot comment based on those details. Based solely on what you said above, you need to make your attorney break it down for you on paper, because that is the only way to know why your attorney is telling you what they are telling you.