Gastonia workers’ compensation back injury settlements resolve benefits claims for injured employees. A settlement for a total loss of the use of the back is awarded for 300 weeks, paying 66 2/3% of average weekly wages. Settlements are often determined after maximum medical improvement, but the timing may vary. A settlement may address the continued right to medical benefits. Our experienced Gastonia workers compensation lawyers can help you with your case.
Can you receive a workers’ compensation back injury settlement?
You can receive a worker’s compensation back injury settlement if:
- You injured your back in the course and scope of your employment.
- The injury qualifies you for benefits under NC workers’ compensation.
- You choose to resolve the benefits claim by agreement.
Qualifying for Benefits
The standard of qualifying for benefits for a back injury is slightly different than it is for other injuries. It may be easier to receive a settlement for a back injury than for an injury to other areas of the body.
N.C.G.S § 97-2(6) defines an injury as an injury arising by accident. There must be an accident—even if it is slight—that is different from normal operations. For example, if a person was lifting things normally and pulled a hamstring, there may not be an accident.
However, if heavy items toppled and struck the person on the leg, causing a severe laceration, the person is likely covered because an accident occurred.
For back injuries, this distinction is not important. N.C.G.S § 97-2(6) says that back injuries are covered if they arise out of the scope and course of employment. A back injury must arise out of a specific traumatic work incident. To qualify for benefits, the person must still point to a specific event, a point in time where the injury occurs. But there doesn’t have to be an unusual event or something out of the ordinary.
Considerations for Workers’ Compensation Back Injury Settlements
Clincher agreement vs. Form 26A
As you prepare a settlement for a back injury, it’s important to understand the different types of settlements.
Clincher agreement
A clincher agreement fully resolves the claim—every type of compensation, including future medical care. You’ll receive a final payment amount. In exchange, you give up your right to compensation for additional medical care. Even if you have high medical expenses in the future, there is no way to go back and ask the employer to cover additional medical care.
Form 26A
A Form 26A settlement is a resolution for an impairment rating and/or wage benefits. It may be a full or partial impairment rating. The question of future medical care is left open. If the person needs and qualifies for more medical care, they may receive it.
Back injuries often involve significant amounts of physical therapy and vocational therapy. So, it’s important to be clear on whether your settlement will allow for future medical care.
Should you sign a clincher agreement for a back injury workers’ comp settlement?
It depends. Consider how much more medical care you are likely to need in the future and whether you have other ways to pay for needed care, such as medical insurance.
How To Receive a Gastonia Workers’ Compensation Back Injury Settlement
- Report the injury to your employer
- Receive medical attention, including emergency or urgent care
- File Form 18 to request benefits
- Comply with medical treatment and work limitations
- Wait for your benefits to be accepted or denied
- File for a hearing if you disagree with your benefits
- Determine what settlement you deserve and what you want a settlement to include
- Negotiate your agreement
- Prepare and sign your settlement paperwork
You may have the assistance of an attorney for workers’ compensation back injury settlements in Gastonia. Contact Horton & Mendez Injury Attorneys to get help now.
Settlement
A settlement is a resolution of a claim for workers’ compensation benefits. It is:
- Voluntary. You don’t have to accept a settlement unless you want to.
- Adaptable. The parties determine the terms of the settlement.
- Binding. Be sure to fully understand what’s in the agreement.
Amount
Each settlement amount is individually determined. Your award may be more or less than average.
Factors Influencing Settlements for Workers’ Comp Back Injury
1. Whether other body parts are affected
A settlement may reflect injury to multiple body parts.
2. Your weekly wages at the time of injury
Wage compensation is generally 66 2/3% of average weekly wages, with minimum and maximum amounts.
3. The impairment rating
For back injury settlements, a loss of use of the back of 75% or more is considered a total loss of the use of the back. The impairment rating is often a contested issue and may require detailed medical evidence in a disputed claim.
4. The extent of medical care required, including physical therapy
A settlement should reflect the likely cost of medical care in the future, which may include physical and vocational therapy.
5. The extent to which you are unable to work, including total loss of wage-earning capacity
Wage loss can be addressed in a back injury settlement. It depends on the timing of the settlement and the extent of work interruption.
Understanding Workers’ Compensation Settlements for Back Injuries
There are two ways to get workers’ compensation benefits—by order or by agreement.
You can file your claim for benefits and wait for the employer to respond. If they deny your benefits, you can ask for a hearing. The hearing commissioner decides whether you qualify for benefits. If you receive a favorable ruling, the employer is required to pay. This is not a settlement—this is a legal order.
A settlement is an agreement between the parties. The Commissioner approves the settlement, but they don’t determine the terms.
Talk to a Gastonia attorney
If you have suffered a back injury at work, we invite you to talk to an attorney for Gastonia workers’ compensation back injury settlements. Whether you are just starting your case or wondering whether to accept a settlement, Horton & Mendez Injury Attorney can assist you.
