Gastonia workers’ compensation foot injury settlements provide medical benefits and cash payments to workers who are injured on the job. Horton & Mendez, Injury & Car Accident Attorneys, represents injured workers in compensation claims. Call or message us to talk to an experienced Gastonia workers’ compensation lawyer and discuss your case.
Common Workplace Causes of Foot Injuries in Gastonia
Workers in Gastonia, NC, can experience foot injury in a variety of ways:
- Falling objects
- Stepping on a sharp object
- Something rolling over the foot
- Contact with electricity
- The foot being squeezed
- Striking an object with the foot
- Transportation accidents
While a foot injury can occur in any industry, workers may be especially at risk in the manufacturing, construction, commercial trades, agriculture, mechanics, assembly, and farming industries.
If you experience a foot injury on the job, you may be eligible for workers’ compensation benefits in Gastonia, NC. The employer doesn’t have to be at fault for the accident for workers’ compensation to be paid. There may be an investigation into the causes of the accident, but you are not required to prove how or why the accident occurred to receive benefits.
Instead, you must prove that you were hurt in the scope and course of your employment and identify what benefits you qualify to receive. You may resolve your case with a settlement.
Types of Foot Injuries Covered by Workers’ Compensation
Gastonia, NC, workers’ compensation covers injuries arising out of and in the course of employment. Many types of foot injuries may be covered, including:
- Amputation, loss of the foot
- Crushing damage to bones and tissue
- Cuts and bruises
- Fracture
- Sprain, strains
- Achilles tendon tear
- Damage to the short or long plantar ligament
- Damage to plantar calcaneonavicular (spring) ligament
- Injury to the plantar fascia
- Infection and disease from a puncture wound
- Other injury
It is important to fully identify the injury and the necessary treatment in your workers’ compensation claim. Your lawyer can assist you in gathering the medical evidence needed for your case.
Average Workers’ Compensation Settlement Amounts for Foot Injuries
The National Safety Council reports an average workers’ compensation award for foot injuries of $32,038, with the reported average for ankle injuries being $34,499. These averages include claims throughout the United States.
Determining the settlement amount for a workers’ compensation foot injury can be challenging, as it varies based on several factors. Workers’ compensation laws and procedures differ from state to state, which means that maximum compensation amounts and allowable weeks of pay vary as well. Each award is determined on an individual basis, taking into account a person’s earnings, severity of their injuries, and other relevant factors.
For a personalized evaluation of your case and its potential value, contact our lawyers for a consultation.
How Surgery or Nerve Damage Affects Settlement Value
The need for surgery or experiencing nerve damage can increase your settlement value. Surgery can significantly increase the cost of medical care. If the doctor for the insurance company denies the surgery, you can challenge their opinion. Future medical costs may continue to be provided by the insurance company’s chosen doctor, or you may include a cost for self-directed medical care in your workers’ compensation foot injury settlement.
When you have nerve damage, you may need physical therapy and vocational rehabilitation. Nerve damage may influence your ability to return to work and may factor into impairment compensation. A lawyer can help you evaluate how nerve damage from a foot injury may impact your settlement and negotiate on your behalf.
Medical Evidence Needed to Support a Foot Injury Claim
The evidence to support a foot injury claim must identify the injury diagnosis and prognosis. In general, you will rely on diagnostic testing, such as X-rays and scans, along with an evaluation from a medical professional. You must also explain how the injury prevents you from working and what medical care is necessary to cure, give relief, or lessen the period of disability for the foot injury. You may also use medical records, tests, and expert opinion to support a claim for impairment compensation.
Our lawyers can help you gather medical evidence that may be important to your claim.
Gastonia Worker’s Comp Foot Injury Compensation
Rules for Gastonia workers’ compensation foot injury settlements fall under North Carolina workers’ compensation laws. When a person has a lasting impairment despite reaching Maximum Medical Improvement, they may claim compensation.
North Carolina has guides to help physicians evaluate foot impairment for workers’ compensation. If you have a lasting disability, these impairments may factor into your foot injury settlement amount:
- Stiffening and immobility of the ankle joint
- Ankylosis (joint immobility) of the subtalar foot joint
- Other joint stiffening of the foot
- Impairment of the toe
- Limitation of motion
- Displaced tarsal fractures
These criteria are outlined in the N.C. Industrial Commission Rating Guide. Loss of the foot is evaluated as loss of the leg below the knee.
Impairment benefits for the foot are paid at 66 2/3% of average weekly wages for 144 weeks.
What If Your Foot Injury Prevents You From Returning to Work?
If your foot injury temporarily prevents you from working, you may be eligible for Temporary Total Disability payments. These payments can replace your wages and are calculated at 66 2/3% of your average weekly wages before the injury. Please note there is a waiting period.
If you can work but earn less income than you did before, you may qualify for payments that are a percentage of the difference in income. You can also work with your employer to adjust your work duties on a case-by-case basis. Additionally, there is a possibility of a trial return-to-work period.
If your employer requests that you return to work and you are unable to do so, you have the right to respond. You can request a hearing to determine whether the request is reasonable.
If you are unable to return to work at all, you can claim weekly disability payments for up to 500 weeks. However, in cases of severe, permanent disability that completely prevents you from working, there is an exception to the 500-week limit.
Why a Gastonia Workers’ Compensation Lawyer Can Help
A foot injury can change your career and your life. Horton & Mendez, Injury & Car Accident Attorneys, help clients receive the compensation they deserve. We help our clients identify important issues and negotiate their settlements. We answer questions and provide legal advice throughout your case.
If you need a Gastonia workers’ compensation foot injury settlement, please contact us. Our attorneys are accepting new cases.
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