Call Us 919-240-4054If you’ve been injured on the job in North Carolina, you might be wondering what kind of settlement you could receive through workers’ compensation.
This is one of the most common questions we hear at Johnson & Groninger PLLC, and it’s completely understandable. Medical bills pile up, time off work strains your finances, and you need to know what to expect.
The truth is that there is no single “average workers’ comp settlement” amount that applies to everyone. Each case is different, with settlement amounts varying widely based on several key factors. Let’s explore what influences settlement amounts in North Carolina and what you might reasonably expect in different scenarios.
Why There’s No Simple “Average” Settlement Amount
When researching workers’ compensation settlements, you might hope to find a straightforward number, perhaps $20,000 or $50,000, that represents the average settlement. However, this approach is misleading for several reasons:
- Every injury is different – A minor finger injury will settle for far less than a serious back injury or traumatic brain injury;
- Each worker’s wages vary significantly – Since compensation is calculated as a percentage of your average weekly wage earnings, higher-paid workers typically receive larger settlements;
- Recovery timeframes differ – Some injuries heal in weeks, while others cause permanent limitations;
- Settlement structures vary – Some cases resolve with lump sums while others involve ongoing payments.
Instead of focusing on an overall average, it’s more helpful to understand how settlements are calculated and what factors increase or decrease their value.
How Workers’ Comp Settlements Are Calculated in North Carolina
In North Carolina, workers’ compensation settlements typically include several components:
1. Medical Expenses
All reasonable future medical treatment related to your work injury should be covered, including:
- Doctor visits
- Hospital stays
- Surgeries
- Physical therapy
- Prescription medications
- Medical devices (for e.g. crutches or braces)
2. Workers’ compensation (disability) checks
These are calculated as two-thirds (66.67%) of your average weekly wage for the year before the injury, subject to state maximums, and may include:
- Temporary Total Disability (TTD) – Paid while you’re completely unable to work
- Temporary Partial Disability (TPD) – Paid when you can work with restrictions but earn less than before
- Permanent Partial Disability (PPD) – Paid based on the impairment rating to the body part affected and as assigned by a medical provider
- Permanent Total Disability (PTD) – Paid in rare cases where you cannot work in any capacity because of spinal paralysis, loss of multiple limbs, a traumatic brain injury, or severe burns covering at least a third of your body
3. Vocational Rehabilitation
If you need training for a new job due to your injuries, these costs may be included.
Factors That Influence Settlement Amounts
The following factors have the most significant impact on settlement values:
The Severity and Permanence of Your Injury
Permanent injuries that limit your ability to work or that make you totally unable to work typically result in larger settlements.
Your Average Weekly Wage
Since workers’ comp checks are calculated as a percentage of your pre-injury earnings, your average weekly wage directly impacts your settlement amount. A worker earning $1,000 weekly will typically receive a larger settlement than someone earning $500 weekly with the same injury.
Your Age and Life Expectancy
Younger workers may receive larger settlements for permanent injuries because they face more years of potential wage loss and future medical needs.
Your Skills and Education
Workers with limited education or job skills may receive higher settlements if their injuries prevent them from returning to their previous line of work.
Extent of Medical Treatment Included
Settlements that include coverage for extensive, future medical treatment are typically larger than those where future medical treatment needs are unlikely or minimal.
Medicare Considerations
Your settlement may have to include funds for future Medicare-covered expenses, set aside in a separate account. The money may need to be kept for these expenses, even when you are not yet receiving Medicare.
How Impairment Ratings or Compensation is Paid Under North Carolina Law
In North Carolina, workers’ compensation benefits can be paid in different ways:
Scheduled Injury Payments / Impairment Rating Payment
North Carolina law assigns a set number of weeks of maximum compensation for each body part:
- Arm: 240 weeks
- Leg: 200 weeks
- Hand: 200 weeks
- Foot: 144 weeks
- Eye: 120 weeks
- Back: 300 weeks
If you have a permanent impairment to one of these body parts, you may receive compensation based on your impairment rating percentage. For example, a 20% rating on your leg would result in payment for 40 weeks (20% of 200 weeks) of disability checks (calculated as 66 ⅔% of average weekly wage for the year prior to injury).
Wage Replacement Compensation
If you cannot work or earn less due to your injury, you may receive ongoing compensation equal to 66 ⅔% of your average weekly wage or the difference in your earnings, for up to 500 weeks.
Lump Sum Settlements
Many workers’ comp cases resolve with a “clincher agreement” or lump sum settlement, where you receive a single payment in exchange for closing your claim. This amount is negotiated between you (or your attorney) and the insurance company.
Questions to Ask Yourself Before Deciding Whether to Settle
Settlement is voluntary in North Carolina – neither side can be forced to settle. When deciding whether to settle, consider:
- Have you reached maximum medical improvement? Settling too early can be risky if your condition might worsen.
- Will you need future medical treatment? If so, make sure it’s included in the settlement or you have other health coverage.
- Can you return to your previous job? If not, how will you support yourself long-term?
- How would ongoing compensation compare to a lump sum? Generally, ongoing compensation will total more than a lump sum offer. Ongoing compensation however is paid out over time and not in a lump sum.
Talk to Workers Compensation Attorneys About Your Case
Because every workers’ compensation case is unique, the best way to get an accurate estimate of your potential settlement is to talk with an attorney who handles these cases regularly.
At Johnson & Groninger PLLC, we’ve represented many injured workers across North Carolina. We can evaluate your specific situation, including your injuries, wages, and future medical needs, to help you understand what a fair settlement might look like in your case.
Contact us for a free consultation about your workers’ compensation claim. While we can’t guarantee any specific settlement amount, we can provide guidance based on our experience with similar cases.
The information in this blog post is general in nature and should not be considered legal advice for your specific situation.