In 2023, North Carolina reported 68,600 workplace injuries. Of these injuries, 40.9% resulted in lost work, duty restriction, or job transfer. Additionally, one report found that back injuries account for 38.5% of all musculoskeletal disorders in the workplace.
If you have suffered a back injury at work, you may receive a workers’ compensation settlement.
Our experienced Charlotte workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain back injury workers’ compensation and what you need to know.
Common Causes of Workplace Back Injuries in Charlotte
Back injuries result from exertion or trauma exceeding the capacity of the back muscles. Disorders may result from a single traumatic incident or gradually over time.
Common causes of workplace back injury include the following:
- Overexertion, lifting something too heavy or too often
- Poor lifting mechanics and posture
- Car accidents
- Accidents and incidents with heavy equipment
- Vibration from equipment and vehicles
- Slip and falls, falling objects
- Explosions
- Too much time in one position, failing to change positions, inactivity
Additional factors, including poor physical condition, poor workplace design, a lack of personal protective equipment, reduced ability with aging, and congenital defects, may contribute to back injuries.
Types of Back Injuries Eligible for Workers’ Comp
Compensation for a back injury at work depends on whether the injury arises during the course of employment. The law defines injury for workers’ compensation purposes in N.C.G.S. § 97-2(6), which states that the injury must arise “by accident” out of and in the course of employment.
The law clarifies that back injuries are covered when they are the direct result of a specific traumatic incident of the work assigned.
For example, an individual usually lifts heavy boxes at work. One day, a box slips from their hands and strikes them, causing a fall and a back injury. Workers’ compensation likely covers this injury. Conversely, someone who typically lifts boxes and gradually suffers back pain over time probably won’t be covered, unless they can point to a specific incident that resulted in injury.
If covered, a back injury workers’ compensation settlement includes payment for any disabling physical injury to the back arising out of and causally related to the incident that caused the injury.
How Back Injury Settlement Amounts Are Determined in NC
There are three main components of workers’ compensation for back injuries in NC:
- Medical care: provided at no cost to you
- Replacement income: if you’re unable to work
- Disability compensation: for permanent injury despite medical treatment
Each of these elements can factor into a settlement. The amount awarded for each factor depends on the individual circumstances and the extent of the person’s loss. An individual may choose to receive a lump sum award for the value of medical care and then seek care on their own.
The Role of Medical Treatment and Impairment Ratings
While Charlotte, NC, workers’ compensation awards do not include pain and suffering, the injured individual can receive a disability award reflecting the severity of permanent injury.
Even with medical care, an injury may not completely heal. Disability pay provides some measure of compensation for permanent injury.
The method of determining how much a person receives in disability pay is the impairment rating. The NC Schedule of Injuries assigns ratings and periods of compensation for various body injuries.
Back injuries are addressed in N.C.G.S. § 97-31(23).
Back injury impairment rating Charlotte, NC
For a back injury, the worker is compensated at 66 2/3% of their average weekly wage for 300 weeks, with compensation proportional to the extent of the loss. For example, someone with a 10% loss of use of the back would be paid 10% of the calculated compensation. When the loss of use of the back is 75% or more, the person is fully compensated.
Because medical professionals use guidelines to determine a person’s impairment rating, it’s important that the rating is accurate. An attorney can assist you in evaluating the impairment rating and challenging it, if necessary.
What If You Can’t Return to Work After a Back Injury?
If you’re unable to work after a back injury, there may be several options available to you.
North Carolina workers’ compensation law addresses vocational rehabilitation (N.C.G.S. § 97-32.2). Vocational rehabilitation services may help you transition to other work. In addition, job modification and restricted duty may help you reenter the workforce successfully.
In cases of severe injury, the worker may qualify for an exception to the 500-week total wage replacement limit (N.C.G.S. § 97-29).
If you qualify, you may apply for Social Security Disability Insurance (SSDI). You may also claim a private disability policy, if covered. You may bring a personal injury claim in addition to a workers’ compensation claim. Unlike workers’ compensation, a personal injury claim doesn’t have a weekly cap on loss of earnings.
The timing of your settlement will be important, so we recommend involving a lawyer early in the process.
How To Fight a Denied Back Injury Claim
Charlotte workers’ compensation back injury settlements can be complicated. You may have trouble diagnosing and documenting a soft tissue injury, or a doctor may understate your rate of impairment. There may be disputes regarding medical care, including whether surgery and physical therapy are the most suitable treatments. Perhaps the employer has ordered you to return to work, but you’re not ready.
Even if the insurance company denies or minimizes your claim, you can fight the denial by taking your case to a hearing for a neutral hearing officer to decide. You must determine what issues to raise, take the steps to pursue the case, present evidence, and make arguments. A lawyer for workers’ compensation for back injuries can assist you.
How a Charlotte Workers’ Comp Lawyer Helps Maximize Settlements
At Horton & Mendez, Injury & Car Accident Attorneys, we help Charlotte workers maximize their settlements. Our lawyers can identify key issues, pursue your case, and negotiate your settlement. With years of experience and a track record of success, we are proud to represent workers in back injury workers’ compensation claims.
Call or message us now to speak to a lawyer and start your case.
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