In making a North Carolina workers' compensation claim, the primary issue is typically securing benefits. Beyond that, there may be additional compensation for late payments, attorney's fees and other expenses. These expenses can add up to a significant sum, so it's certainly worth exploring. However, there needs to be sufficient proof that the additional compensation is warranted.
In the recent case of Silva v. Lowes, plaintiff fought a years-long battle for continued benefits after he was terminated from the job for unrelated reasons. The employer argued that because he was fired for reasons unrelated to his disability, workers' compensation benefits, including temporary total disability and coverage of medical expenses, should be revoked.
Plaintiff ultimately prevailed and, after several defendant appeals, received a lump sum payment for about $221,000, or $460 a week from the time of his termination to when the final decision was issued. However, the commission denied plaintiff's request for compensation on certain other fronts. Specifically, he had requested a 10 percent late payment penalty for defendant's alleged untimely payment after it lost the final appeal, plus reimbursement for attorney's fees and certain other expenses.