If you suffer a crush injury at work, you may deserve compensation.
Our experienced Jacksonville workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys handle crush injury cases in Jacksonville, NC. Here’s what we want you to know.
What Is a Crush Injury and How Do They Happen at Work?
A crush injury is physical harm caused by traumatic or prolonged pressure on the body. The person’s body is compressed or squeezed with such force that the body suffers traumatic damage.
Crush injury may affect the limbs or torso.
Crush Injuries vs. Fractures: Why the Distinction Matters for Your Claim
Crush injury can extend far beyond local damage to bones and soft tissues. Crush injury can impact major bodily systems, including breathing, kidney function, and brain function. Damaged tissue may result in dangerously high potassium levels. The person may lose blood volume or fluids, causing life-threatening complications.
In addition, a crushing injury may result in compartment syndrome, in which tissues swell within a confined space. When the compartment can no longer stretch, pressure may be redirected internally, causing tissue damage.
The distinction between crush injuries and fractures is significant for a workplace injury claim. A crush injury may result in several types of tissue damage and complications. These injuries should be fully treated and compensated.
Industries in Jacksonville, NC, Most at Risk for Workplace Crush Injuries
Crushing injury can occur in any job or industry. Some of the industries most at risk include:
- Transportation
- Construction
- Mining
- Fishing
- Forestry
- Manufacturing
- Landscaping
- Retail
- Healthcare
See: Employer-Reported Workplace Injuries and Illness in North Carolina, 2024
Regardless of your industry or job duties, you may qualify for compensation for a crushing injury at work. You may qualify if the injury occurs in the course and scope of employment. If a third party is responsible, you may bring a personal injury claim.
How do crush injuries occur at work?
Common causes of crush injuries at work include:
- Falling objects
- Car accidents, motor vehicle collisions
- Pulled into equipment or machinery
- Run over accidents
- Structure collapse
- Electrical injury, burns
You don’t have to prove employer negligence for a workers’ compensation claim. But you must prove that the injury is work-related.
Can You File a Third-Party Lawsuit in Addition to Workers’ Compensation?
Usually, workers’ compensation is the only remedy against the employer for a workplace crush injury. But if someone other than the employer caused the injury by negligence or more serious misconduct, you may have a third-party claim.
If you qualify for both types of claims, there are important things to consider. Our lawyers can help you evaluate your options. We handle both workers’ compensation and personal injury claims.
Immediate Steps To Take After Suffering a Crush Injury on the Job
Here are the steps to take right away after a crushing injury occurs on the job:
- Scene safety—Avoid further harm. Remain aware of your surroundings while helping the injured worker.
- Emergency care—Seek emergency care for the injured person. Remember that injuries may be more serious than they initially appear.
- Address related injuries—Address bleeding, make sure airways have not been compromised, and evaluate the person’s circulation.
- Gather evidence at the scene—Take photos. Evaluate the scene. Save damaged clothing and personal protective equipment. Identify witnesses.
- Report the accident—Tell a supervisor, manager, or human resources about the accident. You must report it in writing within 30 days, but never delay reporting. Keep a record of your report, whether it’s an incident report that your employer gives you, or an email or written notification.
See: First Aid Management of Crush Injury
What Workers’ Compensation Benefits Can You Receive for a Crush Injury in NC?
Workers’ compensation benefits that you can receive for a crush injury in NC include:
Medical care
Medical care includes what’s reasonable and necessary to diagnose and treat your injuries. To the extent possible, the goal is to return you to your pre-injury condition. You may need surgery, physical therapy, diagnostic testing, mobility support, and prescription medication.
Temporary total and partial disability income
If you’re unable to work because of a crushing injury, you may receive replacement income. You may receive 66 2/3% of your income before injury, subject to minimum and maximum amounts. Temporary disability income is subject to a maximum number of weeks, except in cases of severe, life-changing injury.
You may qualify for vocational rehabilitation to restore your earning capacity.
Permanent impairment compensation
The extent of impairment determines permanent impairment compensation, the body part affected, and the person’s wage before injury.
How Crush Injury Settlements Are Valued in North Carolina
Crush injury settlements in North Carolina workers’ compensation are based on the benefits the person qualifies to claim. A lawyer can assist you with what to include in a settlement and ensure that each category of compensation is valued fully.
What If Your Employer Denies Your Crush Injury Workers’ Compensation Claim?
If your employer denies your crush injury claim, you can challenge it. You may challenge your right to benefits, the amount awarded, medical care provided, and other issues. A lawyer can help you at any stage of your case.
How a Jacksonville Workers’ Compensation Lawyer Can Help After a Crush Injury
Even though you’re the injured worker, you must prove your right to benefits.
A lawyer understands the procedural steps involved in presenting a case and can help you build evidence.
Your Jacksonville workers’ compensation lawyer can negotiate a settlement for a crushing injury. They can explain your options. Your lawyer can answer your questions and create a custom case plan.
Talk to a Crush Injury Lawyer
Horton & Mendez, Injury & Car Accident Attorneys, represent workers who have suffered a crushing injury in Jacksonville, NC. We invite you to contact us.
See how a lawyer can help with your case. Our attorneys can help at any stage of the case. Call or message us now.
