Workers who are injured on the job can claim workers’ compensation hip injury settlements in Gastonia. If you have injured your hip, we invite you to contact our Gastonia, NC workers’ compensation attorneys for a case review.
Our experienced Gastonia workers compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain Gastonia workers’ comp hip injury settlements.
Settlements for Hip Injuries in Gastonia Workers’ Comp
A settlement for a hip injury resolves a Gastonia workers’ compensation claim. A settlement may reflect medical expenses, lost wages, and permanent disability.
Not all settlements are the same. How to fashion your settlement and what to include depends on your case. Future medical care is a crucial factor in determining the value of a settlement. It’s important to understand what your options are and what’s included in a settlement offer for a hip injury in Gastonia workers’ compensation.
How Hip Injuries Commonly Occur in the Workplace
The U.S. Bureau of Labor Statistics reports that 8,200 nonfatal occupational injuries and illnesses resulted in missed work days in a one-year period. These injuries resulted in a median of 17 days of missed work. Forty-two percent of workplace hip injuries resulted in 31 or more days of missed work.
There are a variety of ways that hip injuries can occur in the workplace.
- Blunt force trauma, being struck by an object
- Falling from an elevated height, slip and fall accidents
- Repetitive motion
- Overexertion
- Pulling and crushing incidents
- Heavy lifting
- Machinery accidents and incidents
- Electric shock, explosions
Hazardous work conditions, inadequate training, not allowing adequate rest breaks, and failing to assess the environment for safety needs are some underlying reasons why hip injuries commonly occur in the workplace.
Types of hip injuries in the workplace
Common workplace hip injuries include the following:
- Dislocation
- Fracture
- Labral tears, cartilage damage
- Inflammation, bursitis
- Muscle strains, hip flexor strains
- Tendonitis
Injuries may impair movement and cause pain.
What Benefits Are Available for Hip Injuries in NC?
Benefits available for hip injuries in NC workers’ compensation claims include:
- Medical benefits
- Lost wages
- Disability benefits
Medical benefits
Medical benefits cover a wide range of care and treatment. The care must effect a cure, provide relief, or lessen the period of disability. Appropriate care may include diagnosing the injury, surgery, rehabilitation, pain management, and mobility support. You may also claim reimbursement for travel expenses for medical care.
Lost wages
Lost wages benefits apply when a person can’t work in the same capacity because of an injury.
If a person can’t work at all or if they earn less than they did before the injury, lost wages can be a part of compensation. Lost wages are calculated at 66 2/3 of the person’s average weekly wage in the 52 weeks prior to the injury. There is both a minimum and maximum weekly benefit amount.
Wage loss benefits continue until the person can return to full work or for a total of 500 weeks for temporary total disability or 300 weeks for temporary partial disability.
You may qualify for vocational rehabilitation services.
Disability benefits
Disability payments compensate you when you have lasting injuries despite medical treatment.
Disability compensation is based on the extent of impairment and the person’s wages before injury.
Third-party liability
Workers’ compensation does not provide benefits for pain and suffering. However, if a third party is responsible for the accident and injury because of negligence, you may qualify to bring a personal injury claim. Ask your lawyer to help you evaluate and weigh the pros and cons.
How Settlements for Hip Injuries Are Determined
Hip injury settlements are determined based on the value of benefits available through workers’ compensation. A settlement may account for future medical care expenses as long as the expense is projected and valued. In addition, lost wages and disability compensation may be included in a settlement.
The timing of the settlement can factor into how the settlement is determined. Questions about the strength of the case and benefit disputes can also influence the settlement amount. A person may have some control over how the settlement is structured.
Permanent Disability Ratings for Hip Injuries
Disability ratings for hip injuries in North Carolina are considered impairment of the leg. The NC Workers’ Compensation Act Schedule of injuries (N.C.G.S. § 97-31) doesn’t mention the hips. Instead, the NC Industrial Commission Rating Guide instructs to evaluate hip injury as impairment of the leg.
An impairment rating considers:
- Ankylosis of the hip—the stiffening or immobility of the joint due to bone fusion
- Anthroplasty of the hip—joint replacement surgery and use of a prosthesis
- Movement limitation—deformity may be categorized as mild, moderate, or severe based on range of motion and rotation
The rating guide gives doctors a framework to assign an impairment percentage for workers’ compensation disability compensation for a hip injury.
Note: A fractured acetabulum is evaluated as a hip disability.
What If You Need Surgery or Can’t Return to Work?
An important question in many workers’ compensation hip injury settlements is medical benefits.
A doctor may prescribe a short course of physical therapy when you know that you need surgery. They may order that you return to work before you’re ready.
If you need surgery or can’t return to work, you can challenge the decision. You can ask for a hearing before a neutral officer to determine your benefits. It’s important to have an attorney prepare for the hearing, including what information to present to make your case.
Dealing With Denied or Delayed Hip Injury Claims
If your hip injury workers’ compensation claim is denied or delayed, there are things you can do.
You can file Form 33 – Request that Claim be Assigned for Hearing with the North Carolina Industrial Commission (NCIC). You must request a hearing before the deadline. Most cases are referred to mediation.
Contact an Experienced Gastonia Workers’ Compensation Lawyer
You can have a lawyer represent you in a Gastonia workers’ compensation settlement claim for a hip injury. Horton & Mendez, Injury & Car Accident Attorneys, is experienced in representing people who are hurt on the job. Call or message us now.
