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Last Modified on Nov 11, 2025
After experiencing a workplace injury, many employees may not understand the full extent of the workers’ compensation process. They may begin to wonder, “When will workers’ comp offer a settlement in North Carolina?” Consulting with a lawyer can help you determine if a settlement is right for your unique situation.
Hire a Workers’ Compensation Lawyer to Advocate for You
With over 45 years of combined legal experience, the team at The Sumwalt Group Workers’ Comp and Trial Lawyers is dedicated to protecting the legal rights of North Carolina employees. We provide a full range of legal services for new clients.
Whether you need your questions answered or to pursue full litigation, our lawyers are ready to help.
What Are Settlements in a Workers’ Compensation Case?
In North Carolina in 2023, 85,700 illnesses and injuries were reported in the workplace. Two employment industries accounted for 53% of these incidents: trade, transportation, and utilities, and education and health services. Most of the incidents reported in 2023 were injuries, which accounted for 92.9% of cases.
In North Carolina, employers may offer settlements to injured or ill employees. This typically occurs when the employee is nearing the end of their medical treatment and has reached maximum medical improvement. Before reaching maximum medical improvement, it’s impossible to determine the employee’s future medical needs or any physical disabilities they may face.
A settlement is often a “clincher” agreement, which is a full and final settlement that offers lump sum compensation for additional medical treatment and wage replacement benefits.
It’s important to hire a workers’ compensation lawyer if you’ve been offered a settlement. You are under no obligation to accept a settlement, especially one that offers you little compensation for your pain.
Cases Where Workers’ Compensation Would Offer a Settlement
Your employer’s workers’ compensation in Charlotte, North Carolina insurer may offer you a settlement for a few different reasons, including:
- Financial predictability. By offering you a lump-sum payment now, insurers can avoid potential future benefit payments and any legal cases.
- Streamlining their case management process. Being able to close your claim allows the insurer to deal with other claims, freeing them from the administrative process and further legal fees associated with your case.
- Resolving disputes. If there have been disagreements surrounding the extent of your injuries, ability to return to work, and need for future medical treatment, settlements allow insurers to not continue the dispute.
Workers may want to accept a settlement so they can move on with their lives after dealing with the stress of the workers’ compensation process. If this situation is similar to how you’re feeling, consult with an attorney. Don’t accept any offers that may be lower than what you deserve.
In cases where you’re facing lifelong disability or pain, it may not be a good idea to settle. Instead, it can be more beneficial for you to let your work’s insurer continue to pay you partial disability payments.
The Process of a Settlement
After the doctor involved in your medical care determines you’ve reached the maximum medical improvement and aren’t likely to improve significantly with future medical care, your employer’s insurer may reach out to you to discuss a settlement.
Your lawyer can review your situation and determine if a settlement would be in your favor. Your employer will file the settlement with the North Carolina Industrial Commission, which oversees all workers’ compensation claims. They will only approve the settlement if they find that the settlement:
- Is fair and reasonable. To decide this, they’ll consider whether the employer accepted your initial workers’ compensation claim or if they had a reasonable reason to deny it. They’ll also factor in the total amount of medical bills related to your injury, including any medical bills disputed by your employer. They’ll also consider ending the workers’ compensation case rather than continuing the dispute.
- Considers the interests of everyone involved in the claim, including the health insurance plan that paid for your medical care
Once approved, you and your employer will sign the official document. Unless the Commission later discovers the settlement was created due to fraud, dishonesty, or pressure, it can’t be undone once finalized.
FAQs
How Long After a Workplace Injury or Illness Can I Claim Workers’ Compensation Benefits?
After suffering a workplace injury or illness, you can claim workers’ compensation benefits within 14 days after first notifying your employer. You need to report it to your employer within 30 days, both verbally and in writing. Once you report it, you can take time off immediately using your PTO. However, for the first seven days, you won’t receive any workers’ compensation wages.
Do North Carolina Employers Have to Carry Workers’ Compensation Insurance for Their Employees?
Most employers in North Carolina have to carry workers’ compensation insurance for their employees. However, employers still have to follow safety laws. If they fail to uphold these laws and an employee is injured, the employee’s workers’ compensation benefits will increase by 10%. If the employee fails to uphold safety procedures and is hurt, their benefits will decrease by 10%.
What Benefits Will I Receive on Workers’ Compensation?
The benefits you’ll receive from workers’ compensation include medical treatment, rehabilitation services, and partial wages. After getting injured, your employer will choose a doctor to oversee your medical care while you recover. You’ll start receiving partial wages a week after your injury. These wages will be paid to you weekly and will be equal to two-thirds of your average weekly wage.
Do I Need to Prove Fault in a Workers’ Compensation Case in Order to Receive Benefits?
To receive benefits, you don’t need to prove who was at fault for your injury or illness. Even if you were fully at fault for your injury, you’ll still be able to collect benefits. This also means that you can’t open a legal case against your employer if it was their fault. You can only open a legal case if your employer’s reckless conduct or intentional actions led to your injury.
Choose a Workers’ Compensation Law Firm That North Carolina Residents Rely On
Reach out to The Sumwalt Group Workers’ Comp and Trial Lawyers today to schedule your confidential consultation at our Charlotte office. We take injustices personally and never back down when our clients are facing difficult times because of workplace injuries or illnesses.
