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lots of questions & a very confused husband!!
Okay... We live in NC. My husband was injured at the end of last year and was out of work for approximately 3 months. He hurt his back pretty badly...S1 L2 L3 & L4 with a few annular tears in there. His doctor told him they would probably have recommended surgery if it weren't for him being so young and gave him a 5% rating. He collected weekly benefits while he was out of work... but he has since been released. A few days ago, the workmans compensation insurance company called him to "settle" his case. They offered him 5700 dollars. Going on comparisons of some co-workers cases and their settlement amounts, he thinks he is entitled to more than that and that the insurance company is "low balling" him. He has hired a lawyer to communicate his disagreement with their offer in hopes of reaching a better settlement amount before it goes to court. I understand that this could take quite a while. I have two questions that I am unable to find any answers to...

is it better to accept a settlement or should he keep the lawyer?

1. Is workmans compensation funded by the government? I assumed that it was paid out by the actual insurance company and as a result the company that he works for will have a higher premium to make up for it.

2. Does workman's compensation claims &/or settlements limit your job opportunities? I have heard such horror stories of people filing legitimate claims and being fired for it... or not being able to return to that same job but also unable to find a new job because of it. I am terrified that he is going to lose his job and not be able to find a new one.

Please help!

it's not really an "either"-"or" situation;
his lawyer can get him a settlement.
there is no set time.

depending on the type of settlement it may require his resignation from his current job.
whether it will affect other employment is unknown; many employers do have background checks done that may turn up this litigation.
it is illegal to retaliate against an employee for filing a claim; but proof of intention can be difficult and not all lawyers are willing to press the situation.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
Hi Valerie,

I think it is pretty obvious they are trying to settle for the lowest amount possible. Their first offer isn't going be their best offer. They are counting on you to accept especially if you did not have a lawyer when they made their offer. You also have to weigh future medical care if needed resulting from this injury. Has your husband been cleared to return to normal activities? Is he limited? Does he still have pain? Your in right in getting a lawyer who specializes in workers comp.

As far as work...I lost my job after 16 years when I got hurt at work. I had surgery two days after I got hurt at work. I was under the company doctor following his orders and when he finally cleared me for light duty I was let go from my job. I live in PA so the laws are probably different but since PA is a employ at will state they got rid of me, no reason needed. It's pretty obvious in my case they got rid of me because I am on workers comp which I still am. You should probably sit down with a lawyer who handles employment law and find out how the law pertains to your situation that is what I did. Good luck.

As far as the insurance company...from what I understand companies pay into workers comp. So the longer anyone stays on comp or gets a settlement the company premiums will be affected. I remember when I sat down with my workers comp lawyer and told him what my company did to me and he said "their insurance company is going to be pissed off at them for getting rid of you because you were not released from comp" "Their premiums will go up"

Best of luck

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