More than a million U.S. workers suffer a back injury each year. The Bureau of Labor Statistics reports that 20% of workplace injuries are back injuries. These injuries cause pain, physical limitations, lost income, and disability.
About 40,000 people call Monroe, NC, home. Whether you live or work in the Monroe area, workplace injury can happen to anyone, and a back injury can be especially devastating.
Horton & Mendez, Injury & Car Accident Attorneys, explain back injury workers’ compensation and how our Monroe workers’ compensation attorneys can protect your rights.
Understanding Monroe workers’ compensation back injury settlements
If you injure your back while on the job, you may qualify to receive workers’ compensation. One option for resolving your case is by settlement.
A settlement is a negotiated resolution that all parties agree to. It’s important to understand the value of your case and the terms of the settlement. A lawyer can help you navigate this process. Horton & Mendez, Injury & Car Accident Attorney, specializes in representing workers with back injury claims for compensation.
Frequent Workplace Accidents Leading to Back Injuries in Monroe
Back injuries can occur on the job as a result of various accidents:
- Falling from elevated heights or from the same level
- Car accidents
- Machinery and equipment errors and malfunctions
- Explosions
- Repeated manual lifting, poor workspace, or incorrect lifting technique
A back injury on the job may result from a single traumatic incident or may develop because of repeated trauma. When a back injury results from an accident arising out of and in the course of employment, the worker may qualify for a workers’ compensation settlement for back injury (N.C.G.S. § 97-2(6)).
Benefits Available for Back Injuries Under NC Workers’ Comp
Benefits available for back injuries under NC workers’ comp generally fall into three categories:
- Medical care: This includes medical, surgical, hospital, nursing, and rehabilitative services. Care should be as reasonably required to effect a cure, give relief, or lessen the period of disability.
- Temporary disability: This provides replacement income if you are unable to work because of your injuries. If you can work in a reduced capacity, payments may be partial. The payment amount depends on your average income before the injury and is subject to minimum and maximum amounts.
- Disability compensation: If a back injury results in permanent loss of use of the back, the injured person can claim compensation. The amount of compensation is based on a rating of the severity of the impairment.
There are additional aspects that may be included in a workers’ compensation back injury case, such as reimbursement for travel to medical appointments and vocational rehabilitation. A lawyer can help ensure that your claim is thorough.
Typical Back Injury Settlement Ranges in North Carolina
It’s difficult to determine a typical back injury settlement range, as these injuries vary in nature and severity. A minor injury that results in minimal lost work time might settle for around $10,000. However, a severe injury that leads to paralysis may result in a settlement of $300,000 or more.
According to the National Safety Council, the average payment for workers’ compensation claims related to lower back injuries was $44,158 for the years 2022-2023. The figure includes both medical costs and monetary payments. Upper back injury settlements averaged $41,809. Injuries involving the head and central nervous system, which may also affect the back, had a higher average settlement of $90,043.
Looking at average settlements for back injury workers’ compensation in North Carolina cannot effectively indicate what you may receive for your case. We encourage you to consult with an attorney for a personalized evaluation.
How Surgery or Chronic Pain Impacts Settlement Value
The severity of a back injury can significantly impact settlement value in various ways. For instance, the need for surgery may increase the settlement amount. When negotiating any workers’ compensation settlement, it’s crucial to discuss whether medical care will be included. You might have the option to receive a lump sum payment and then manage your own medical care. You may also choose to continue to receive paid medical care through workers’ compensation providers.
Chronic pain can also lead to a higher workers’ compensation award. Individuals suffering from chronic pain often receive a higher disability rating, which results in higher disability compensation payments. In addition, chronic pain may impact a person’s ability to return to work and may require ongoing medical care. When properly documented, these factors can influence a workers’ compensation settlement for back injury.
Steps To Take After a Back Injury at Work
If you injure your back at work, notify your employer immediately. Speak to a supervisor or human resources rather than another coworker. Follow up with a written report to your employer (an email is acceptable).
Save any evidence, including tangible items like personal property, from the accident scene. Take photos of the area.
Begin receiving medical care. For non-emergency medical care, you must visit the doctor selected by your employer. However, if you wish to change your care provider, you can petition the NCIC. File Form 18 with the North Carolina Industrial Commission to protect your right to workers’ compensation.
Common Reasons Back Injury Claims Get Denied
Back injury claims in Monroe, NC, can be complicated for several reasons. Back injuries are often difficult to document. Soft tissue injuries may not appear on scans and X-rays. In addition, insurance companies frequently dispute whether back injuries are the result of a workplace accident.
A back injury claim could be denied because of an inaccurate disability rating. Employers may argue that the back injury is related to a pre-existing condition. There may also be return to work disputes and questions of how to compensate for multiple injuries.
Why Monroe Workers’ Compensation Lawyers Are Essential in Back Injury Cases
Back injury claims are often high-value claims and can be complex and disputed. It’s essential to have a Monroe workers’ compensation lawyer to assist with your case. A lawyer can evaluate the important issues and determine if you’re being paid fairly. They can protect your rights, pursue your case, and negotiate your settlement.
At Horton & Mendez, Injury & Car Accident Attorneys, we handle Monroe, NC, back injury workers’ compensation claims. Call or message us now.
