Getting Further Medical Treatment

How a Workers' Compensation Attorney may be able to help you

Many times an injured employee may wish to explore further treatment options beyond those to which the workers' compensation insurance carrier will agree. A motion to compel the workers' compensation insurance carrier to authorize necessary medical treatment may be filed with the Industrial Commission on the employee's behalf. If the Industrial Commission then orders the insurance carrier to authorize such treatment, this order is binding upon the employer and workers' compensation insurance carrier. An injured employee may also be entitled to medical treatment on a permanent basis even after returning to work with the employer, if appropriate medical evidence exists. However, the injured employee is required to follow certain procedures before the North Carolina Industrial Commission to obtain a right to such continued medical treatment.

In the common situation when an injured employee resolves his case by a full and final settlement with the workers' compensation insurance carrier, the right to further medical treatment is ended by being included in the settlement agreement. It is important that the injured employee's future medical needs be fully evaluated and carefully considered at the time such a settlement agreement, which is known as a "compromise settlement agreement" or "clincher agreement," is negotiated. It is important that an employee consult an experienced workers' compensation attorney on such issues. If you have been presented with a clincher agreement and have not yet secured the counsel of an experienced workers' compensation lawyer, you should contact the Law Offices of James Scott Farrin today.

Permanent Medical Treatment May be Available

An injured employee may also be able to receive ongoing medical treatment on a permanent basis, even after returning to work, if appropriate medical evidence exists. In some situations, such as when prosthetic limbs are needed after an injury, an injured worker may have to undergo periodic medical evaluations for the remainder of his life. However, the right to this treatment is not automatic. The injured employee is required to follow certain procedures before the North Carolina Industrial Commission in order to have the right to have the carrier pay for this continued medical treatment.

Resolving Your Workers’ Compensation Case

In most situations, an injured employee resolves his or her case by a full and final settlement with the workers' compensation insurance carrier. This form of settlement is commonly called a "clincher agreement" or "compromise settlement agreement." At that time, the right to further medical treatment is ended by the settlement agreement; so it is crucial that the injured employee's future medical needs be fully evaluated and carefully considered at the time the settlement agreement is negotiated.

The workers' compensation team at the Law Offices of James Scott Farrin is comprised of lawyers who have significant experience with workers' compensation claims, including two who worked at the North Carolina Industrial Commission and two who worked for workers' compensation defense firms in North Carolina. Our workers' compensation team understands the intricacies of the negotiation and settlement process, and they have assisted hundreds of people to receive fair settlements for their injuries received on the job.

It is important that an employee consult an experienced workers' compensation attorney, especially if your employer is ready to settle your case. If you have been presented with a clincher agreement and have not yet secured the counsel of an experienced workers' compensation lawyer, you should contact the Law Offices of James Scott Farrin today.