Horton & Mendez Injury Attorneys is an Apex workers’ compensation lawyer for back injury settlements. You may deserve financial compensation, including up to 66 2/3% of average weekly wages for 300 weeks for loss of use of the back of 75% or more. A lawyer can help you with the complex process of claiming your benefits.
Call or message us now to talk to an attorney and get help with your claim.
Lawyer for Workers’ Comp Back Settlement
Horton & Mendez Injury Attorneys can assist with your workers’ comp back settlement at any stage of your case. If you are first beginning a case, we can build your claim and pursue the settlement that you deserve. If you have received a settlement offer and you’re wondering what to do, we can represent you. Our lawyers are ready to represent your interests.
How a Lawyer for Back Injury Settlements Can Help
Qualifying for benefits
Like all workers’ compensation claims, a back injury claim begins with proving the right to benefits. The requirements are somewhat unique for back injury claims.
N.C.G.S § 97-2(6) defines injury. It distinguishes back injury from other claims, including any disabling back injury arising from a specific traumatic work incident. Our lawyers understand these differences, and we can advocate for you.
Filing your claim
We know the procedural steps to file a claim, plus what supporting documentation may be required in your case.
Understanding what goes into a settlement
It’s important to understand what types of compensation factor into a workers’ compensation back injury settlement. We’ll review your average weekly wage and impairment rating to make sure your benefits are calculated correctly. If necessary, we’ll gather evidence to challenge contested issues.
Negotiating your settlement
Getting a fair settlement for back injury in workers’ comp takes significant negotiations.
You need to know what your case is worth and how a settlement should be worded so that it is favorable. A lawyer handles the negotiation process to ensure your award is tailored to your best interests.
Answering your questions
An important part of legal representation is guidance. You’re probably new to the workers’ compensation system, but our lawyers handle workers’ compensation cases every day. We’re here to answer your questions and tell you what you need to know.
Together, we make your claim a success.
Why Choose Our Apex Lawyers
- Former insurance lawyers—Our lawyers used to work for the insurance companies, so we know their playbook.
- Experience in helping people—Our law firm focuses on cases helping injured people, including workers’ compensation.
- Here when you need us—We’ll start at any stage of your case, including when you’re pursuing a settlement.
- Free case evaluations—Ask how we can represent you with no fee unless you win.
- Direct communication—Count on us to tell you the truth so you have confidence in your case.
- Third-party claims—Our team fights for all your rights, including any third-party claims you may qualify to bring.
- Complete representation—We can file your claim, evaluate your benefits, identify important issues, and pursue your rights
Understanding Back Injury Settlements
- You may receive workers’ compensation for a back injury.
- Benefits are defined by law and may include wage loss, disability, and paid medical care.
- Even though benefits are decided by law, there may still be disputes about what benefits an employee deserves.
- A settlement resolves the claim and any disputes about benefits.
- Because back injuries can be debilitating and can require significant, prolonged medical care, settlements for workers’ comp for back injury are often considerable amounts.
- Medical compensation may include medical supplies, evaluations, treatment, physical and vocational rehabilitation, and medication. All these expenses should be included in a settlement.
- Each settlement is customized to the case. The parties may negotiate what is included and the structure of payment.
Types of settlements
Not all workers’ compensation back injury settlements are created the same. These differences significantly impact what you may receive in a settlement. If you don’t understand what you’re signing, you may end up without the benefits you need and deserve.
A clincher agreement is a full resolution of all claims for compensation. It resolves wage loss, impairment, and future medical care.
Even if you need additional evaluation, therapy, and treatment, if you sign a clincher agreement, these costs won’t be covered by the employer.
By contrast, a Form 26A agreement may still allow the injured person to receive future medical care. The employee receives a settlement award for impairment. However, they may continue to receive employer-paid medical care.
Which type of settlement should I pursue?
The type of settlement that’s best for you for a workers’ compensation back injury depends on several factors. The most important factor is often the need for future medical care and whether you have health insurance that may cover it. Sometimes, it’s best to sign a clincher agreement to put your medical care in your control. In other situations, it’s best to continue employer-paid care.
Our lawyers can help you determine the right kind of settlement for your situation.
Compensation for Back Injury Impairment
Often, a key issue in workers’ comp back injury claims is the impairment rating.
Compensation for impairment of the back is made through the schedule of injuries, § 97-31(23). Total loss of use of the back is paid at 66 2/3% of average weekly wages for 300 weeks. Any impairment of 75% or more is considered a total loss of use of the back.
Partial loss of the back is calculated proportionally.
The distinction between total and partial loss of use can lead to disputes about the extent of loss. These disputes can be incredibly challenging when a back injury involves soft tissue damage. An important part of pursuing a settlement may be making a compelling argument for loss of use.
Back injury settlement approval
Settlements for workers’ compensation back injury claims are allowed under § 97-17.
Commission approval is required for all settlements, with a finding that the settlement is fair and just. The Commission will consider known medical expenses.
Talk to an Apex Lawyer
Talk to an Apex workers’ compensation back injury lawyer at Horton & Mendez Injury Attorneys. Call or message us now.
