When Will Workers Comp Offer a Settlement in Hickory NC?

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When Will Workers Comp Offer a Settlement in Hickory NC?

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Hickory is home to over 40,000 people working in several industries, including technology, manufacturing, and healthcare. Hickory residents work hard every day from the Lowes to the Hickory PD. When you are suffering from a work-related injury and have medical bills and other expenses piling up, you want to make sure you can get your settlement as soon as possible to cover those costs.

The length of time it takes to receive your benefits depends on various factors, including the severity of your injury, how long it takes for you to recover, how long it takes you to file your workers’ comp claim, and how long it takes for the insurance company to conduct its investigation.

Contact an experienced Hickory workers’ comp attorney at The Law Offices of Jason E. Taylor today to learn more about filing a workers’ compensation claim, and understand your rights and options.

The North Carolina Workers’ Compensation System

The North Carolina workers’ compensation system is designed to supply benefits to employees who are injured or become ill due to their job. Under the workers’ compensation law, employers must have workers’ comp insurance, which pays for medical bills and lost wages and can also provide death benefits to the families of workers who are killed on the job.

The Workers’ Compensation Process in Hickory, North Carolina

If you have been injured on the job, you should report the injury to your employer and the North Carolina Industrial Commission as soon as possible. Your employer will then file a claim with their workers’ compensation insurance company. The insurer will investigate the claim and may deny benefits if they determine that the injury is not work-related or did not occur in the course and scope of employment.  It is important to remember that just being hurt at work is not enough to make an injury compensable in North Carolina.  The North Carolina Workers’ Compensation Act provides that the injury must be due to an “accident” in the course and scope of your employment, or for a back injury, due to a “specific traumatic incident”.  In the case of occupational diseases, the condition or illness must be tied to your employment by a doctor, and in some cases, you also have to show that your job duties put you at  greater risk of contracting the occupational disease.

If the insurance carrier approves the claim, they will begin paying benefits. Workers’ compensation benefits include payment for time out of work and medical expenses related to the injury.  The insurance company gets to direct care and will send you to an “authorized” physician.  You can get a second opinion, and also ask the North Carolina Industrial Commission to order treatment when the insurance company denies it.

Timeline for Workers’ Compensation Claims in NC

There is no set timeline for workers’ compensation claims in Charlotte, North Carolina. The length of the process depends on the severity of the injury and the complexity of the claim. Once benefits are approved, payments will typically begin within a few weeks. If your workers’ comp claim is denied, you have the right to appeal the decision.

Should I Accept a Workers’ Comp Settlement?

Settlements can be a good option if you are ready to move on from your injury and put the incident behind you. However, it is important to keep in mind that settlements will typically be for less than the full value of your claim. If you have questions about whether or not to accept a settlement, you should speak with an experienced workers’ compensation attorney.

What Happens When a Workers’ Comp Case Goes to Trial?

If you cannot settle, your case may go to a hearing. Hearings are held before a workers’ compensation judge called a Deputy Commissioner. Both sides will present evidence and testimony, with doctors usually testifying after the hearing via a deposition.  After all the evidence is submitted, the parties submit written arguments and the Deputy Commissioner will decide whether or not benefits should be awarded. If you receive a favorable ruling at trial, benefits will be paid out to you as ordered by the Deputy Commissioner, however, either side can appeal the decision of a Deputy Commissioner to the “Full Commission”. This a panel of three commissioners who decide appeals.  Sometimes parties may appeal a case to the North Carolina Court of Appeals as well.

Lump-Sum Settlements vs. Structured Settlements

It is important to know that under the North Carolina Workers’ Compensation Act, neither side can be forced to settle a claim completely.  While you can have the insurance company pay the value of any rating you receive from your doctor on a “Form 26A”, this is only a partial settlement, and your right to medical treatment remains open for at least two years from the approval of the Form 26A.  This does not mean you cannot settle a claim completely, and this is very often what happens after an injured employee finishes treatment. It simply means that any total settlement of a North Carolina workers’ compensation claim will be a compromise between the parties, and any settlement of a workers’ compensation claim has to be approved by the North Carolina Industrial Commission. 

Which settlement option is best for you will depend on your situation. You should speak with an attorney to discuss your options and make sure you make the best decision for your needs.

How Long Do I Have to File a Workers’ Compensation Claim in Hickory, North Carolina?

You have two years from your injury by accident to file a workers’ compensation claim in Charlotte, North Carolina. If the claim is for an occupational disease (illness), you have two years from when you are informed that your illness is a result of your employment. If you do not file a claim within this time frame, you will likely be ineligible for benefits. You should always file as soon as possible after being injured in an accident at work, or as soon as you are aware that you suffer from an occupational disease related to your job.

What  Does Workers’ Compensation Pay?

Workers’ compensation pays for medical treatment and disability benefits, as well as death benefits. The amount of workers’ compensation benefits you receive will depend on the severity of your injury or illness. 

  •  In accepted cases, the insurance company pays for related medical treatment, and directs an employee where to treat, subject to some limitations. In other words, you do not get to pick your own doctor. In certain situations an insurance company may have to pay for mileage incurred for travel to and from appointments.
  • Disability benefits are paid based on your “Average Weekly Wage”, so determination of that is very important.  You will receive 66 & ⅔ of your average weekly wage in“temporary total disability” benefits while out of work due to the injury or illness.  Sometimes when you can return to work but earn less because of the injury, you can receive “temporary partial disability” benefits which pay 66 & ⅔ of what you earned before the accident and what is being earned after the injury. You are entitled to a maximum of 500 weeks of temporary total or temporary partial disability benefits unless you fit into a few specific exceptions. Once you are done treating, a doctor may give you a “rating” which entitles you to a payment for  “permanent partial disability.”
  • Where a worker dies due to a compensable accident or illness, a total of 500 weeks of benefits may be paid to the employee’s beneficiaries.  Who takes and how much is specified in the North Carolina Workers Compensation Act.The North Carolina Workers’ Compensation Act currently provides that up to $10,000.00 is payable for funeral expenses as well.

When Will I Receive My Workers’ Compensation Settlement?

The insurance carrier will send you a check for your settlement once the North Carolina Industrial Commission approves it.  Normally, the insurance company has 24 days from the date of the order approving a settlement to pay.. Once you receive your settlement funds, you should put the money in a safe place. You will want to use it to pay for your expenses. You may also want to use it to provide for your family if you can’t return to work.

How Long Do Workers’ Compensation Benefits Last in Hickory, North Carolina?

The length of time you will receive workers’ compensation benefits will depend on the severity of your injury. If you have a minor injury, you may only receive benefits for a short period of time. However, if you have a more serious injury, you may receive benefits for an extended period of time.  The North Carolina Workers’ Compensation Act states that subject to certain exceptions like paralysis or losing two limbs, 500 weeks is the maximum amount of disability benefits you can receive.    Medical treatment can remain open indefinitely, provided certain conditions are met.

An injured worker normally will  receive benefits at least until they reach maximum medical improvement. Maximum medical improvement (MMI) is when the treating doctor opines that your condition has stabilized and is not expected to change significantly. MMI is also when a doctor assigns a rating for the injured body part(s).

Contact a Hickory Workers’ Comp Lawyer Today

You deserve to get the full benefits that you are entitled to under workers’ compensation. If you have been injured at work, and need help with your workers’ comp case, don’t hesitate to contact an experienced attorney. At The Law Offices of Jason E. Taylor in Hickory, we work hard to get you the compensation you deserve so you can focus on your recovery and get back to work as soon as possible.

120 3rd St NE
Hickory, NC 28601

Phone: (828) 327-9004
Toll Free: (800) 351-3008

 

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120 3rd St NE
Hickory, NC 28601

Phone: (828) 327-9004
Toll Free: (800) 351-3008

301 S McDowell St #1016
Charlotte, NC 28204

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Hickory Injury Lawyers & Attorneys at Law

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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