Apex workers’ compensation hip injury settlements vary significantly, depending on the severity of the injury, the cost of treatment, and the impact on the worker’s ability to work. According to the National Safety Council, the average settlement for hip injuries was $60,155 in 2023.
Our experienced Apex workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain workers’ comp hip injury settlements in Apex, NC.
How Hip Injuries Commonly Occur in the Workplace
Approximately 16,500 U.S. workers report workplace hip injuries each year. Some of the ways that hip injuries commonly occur in the workplace include:
- Motor vehicle accidents, car accidents
- Blunt force trauma
- Being caught between, crushed, or run over by moving equipment
- Slip and fall, including from an elevated surface or the same level
- Repetitive movement
- Trying to lift or otherwise perform movement beyond the body’s capacity
- Explosions, electrical issues
Safe work practices and protective equipment can minimize the risk of injury. But even with care, accidents and injuries occur. Workers’ compensation in Apex, NC, is no-fault, meaning the injured employee doesn’t have to prove employer fault to receive compensation.
What Benefits Are Available for Hip Injuries in NC?
Benefits available for hip injuries in Apex, NC, fall into three categories: medical care, replacement income, and disability compensation.
Medical benefits
An injured worker may receive medical care at no cost to them. That includes the cost to stabilize the injury, diagnose, and treat it. The worker must go to the medical care provider directed by the employer. Medical benefits continue until the person has reached maximum medical improvement (MMI), the point at which there is not likely to be significant medical improvement with continued treatment.
Lost wages
Hip injuries are often slow to heal, requiring rest and significant medical intervention. If the employee can’t work, they may claim lost wages. Lost wages are calculated at 2/3 of the person’s pre-injury income, up to a maximum amount. Lost income may be total or partial.
In North Carolina, there is a 500-week limitation on temporary total disability payments.
Disability compensation
If a workplace hip injury results in permanent disability, the employee may receive disability compensation. This compensation isn’t pain and suffering. Instead, it reflects that the worker now has a disability. Disability compensation is based on the degree of permanent impairment of the hip and the person’s wages before injury.
Additional benefits
In addition to these three broad categories, there are additional benefits that may be available.
For example, the employer may engage in vocational rehabilitation, including assessing the employee’s vocational potential. Services may include retraining, education, and job placement assistance (N.C.G.S. § 97-32.2). Benefits may include mobility assistance devices and, in severe cases, home modifications. A worker may also be reimbursed for the cost of travel to medical appointments.
How Settlements for Hip Injuries Are Determined
Hip injury settlements are determined by the value of the workers’ compensation claim in its entirety. Medical benefits may be included in a lump sum amount, or the person may retain the right to future medical care. In addition, any additional lost wages payments, plus compensation for permanent disability, may be calculated and included.
Because hip injuries vary in their severity and cost of medical care, the value of a hip injury workers’ comp settlement may vary significantly. For injured workers, it’s important to understand what’s included. There may be multiple options for how to structure your hip injury settlement. An attorney can help you negotiate the settlement that’s best for you.
Permanent Disability Ratings for Hip Injuries
A significant part of many hip injury workers’ compensation claims is the disability rating. The disability rating refers to the extent of impairment after the person has recovered medically as much as possible. Even with the best medical care, a person may have permanent impairment.
The disability rating is the process to determine compensation.
In Apex and throughout North Carolina, hip injuries are considered an impairment of the leg.
The impairment rating considers stiffening of the hip joint due to bone fusion, joint replacement surgery, and limitation of movement.
When the person has reached maximum medical improvement, doctors assess the person’s residual function and assign an impairment rating. This rating is used with average weekly wages to determine disability compensation. If you don’t agree with the award, you can challenge it.
What If You Need Surgery or Can’t Return to Work?
If you need surgery for a hip injury or can’t return to work, you can fight for fair benefits.
Workers’ compensation should cover hip surgery when it’s necessary, but too often, the insurance companies deny people the medical care that they need. If you’re denied, you can take your case to a hearing before a neutral claim administrator. It’s important to gather the appropriate medical documentation and other evidence to support your claim.
Another critical question is when the injured person should return to work. An injured person can’t refuse suitable work when it falls within their restrictions and limitations. The insurance company and the worker may dispute whether the work offered is suitable (N.C.G.S. § 97-32). It’s important to return to work when appropriate and challenge the return to work request correctly when the work is not suitable.
Dealing With Denied or Delayed Hip Injury Claims
A denied or delayed hip injury claim can prevent the injured worker from getting their needed benefits. If your claim is delayed or denied, you can take steps to appeal. Review the reasons for the denial to determine if it’s something you can quickly remedy.
You have a limited amount of time to request a hearing. As you assert your rights, remember that it’s important to build the evidence and arguments in your favor. An attorney can help you gather medical support and arguments for your right to benefits and represent you through every step of your case.
Contact an Experienced Apex Workers’ Compensation Lawyer
Get help with Apex, NC, hip injury compensation. Talk to an experienced Apex workers’ compensation lawyer at Horton & Mendez, Injury & Car Accident Attorneys. We’re taking new cases now.
