Ten to 25% of spinal cord injuries happen at work. If you suffer a spinal cord injury at work, there are things that you should do for your physical safety. There are also important steps to take for spinal cord injury workers’ comp.
Horton & Mendez Injury Attorneys explains.
What To Do for Spine Injury at Work
- Call 911.
- Immobilize the person and follow emergency directives until help arrives.
- Report the accident to management.
- Take photos of the accident scene.
- Save anything related to the accident, such as torn clothing or damaged objects.
- Identify witnesses and those working at the time of the accident.
- Continue to receive medical care.
- Know your rights under spinal cord injury workers’ comp.
- Involve an attorney for workers’ comp spine injuries as soon as possible.
- Pursue your claim for benefits.
Remember that there are deadlines for reporting your workplace accident and filing your claim.
Don’t assume that your employer knows. You have two years to file a claim for workers’ compensation benefits.
Spinal cord injuries are serious enough that it’s likely beneficial for you to have a workers’ compensation lawyer to represent you. Horton & Mendez Injury Attorneys handles workers’ compensation cases involving spinal cord injury.
Immediate Steps To Take After a Spinal Cord Injury at Work
If you suspect a spinal cord injury at work, don’t move the person. That can cause additional harm.
Tell the person not to move unless they are in harm’s way.
Call 911 and explain the situation. Follow instructions until someone with more advanced training can take over. The person should be kept still. Towels, clothes, or folded blankets placed on either side of the neck can prevent movement. Emergency responders will use a neck brace and carrying board.
Monitor the person’s breathing. Provide emergency first aid, including stopping bleeding, if necessary.
Can you go to the emergency room for a spinal cord injury at work?
Usually, North Carolina allows the employer to choose the healthcare provider for a spinal injury at work. However, for an emergency, you may go to the nearest emergency room. If the employer refuses to pay for the emergency room visit, you may ask for a hearing to challenge the decision.
See N.C. Gen. Stat. § 97-25.3(b)(1)—prohibiting an employer from imposing a pre authorization requirement for emergency services.
How do I know if a person has a spinal cord injury?
Lack of voluntary movement and muscle weakness are two common signs of spinal cord injury.
But remember that a person may have spinal cord injury even if the signs are not immediately obvious. Assess breathing difficulty, loss of feeling, and loss of excretory system control.
How To Document Your Injury for a Workers’ Compensation Claim
Documenting your injury for a workers’ compensation claim involves:
- Proving that there was an accident at work. Because a spinal cord injury is a traumatic injury, you should be able to point to a specific event causing injury.
- Getting medical attention. Medical attention documents the injury and its relation in time to the accident at work.
- Determining your prognosis. For your claim, you’ll need to know the impact of your injury on your ability to work.
- Identifying necessary medical care. You may benefit from surgery, therapy, medications, evaluations, testing, and other healthcare services.
- Responding to defenses. If the insurance company claims that you are disqualified, you must refute the allegations.
Seeking Medical Treatment: What You Need To Know
The employer has the right to choose your doctor, but you can ask for a different doctor. A workers’ compensation lawyer can assist you in addressing barriers to your medical care.
Understanding Your Legal Rights After a Work-Related Spinal Injury
When you have a work-related spinal cord injury, all the aspects of workers’ compensation are extremely important. Here are some of the legal rights that you have.
Medical care
Medical care should be cost-free if received from the employer’s chosen healthcare provider.
You may receive medical services intended to cure, provide relief, or reduce the period of disability.
For spinal cord injury, this may include adaptive devices that lessen the limitations imposed by the injury, such as a powered wheelchair or communication technology. It may include physical therapy.
Vocational rehabilitation
If you haven’t returned to work or if you’re earning less than 75% of what you earned before, you can request vocational rehabilitation services. This may include education if it’s reasonably likely to improve employment options. Specific services may include employment counseling, job-seeking skills training, job placement, and training.
Wage loss
There is a seven-day waiting period for wage loss benefits. However, if you’re unable to work for 21 days or more, the first seven days are payable as well.
Disability compensation
How disability compensation works for a case of spinal cord injury depends on the specific nature of the injury and how it’s classified. Injury to the back is compensated under N.C.G.S. § 97-31(23). Total loss is payable for 300 weeks, and any loss of use of 75% or more is considered total loss. If the spinal cord injury is classified as an unlisted body part under N.C.G.S. § 97-31(24), the NC Industrial Commission may award a proper and equitable amount of up to $20,000.
Extended benefits if you can’t return to work
When a person has total disability, they may receive 2/3 of their average weekly wage for the past 500 weeks. Someone with a spinal cord injury may qualify to claim permanent total disability benefits. The spinal cord injury must involve severe paralysis of both arms, legs or the trunk.
Filing a Workers’ Compensation Claim for Spinal Cord Injuries
You must file your workers’ compensation claim for spinal cord injuries within two years in North Carolina. Filing a claim means completing Form 18, Notice of Accident to Employer.
Contact an Experienced Gastonia Workers’ Compensation Lawyer
If you or a loved one has suffered a spinal cord injury at work, it can be hard to know what to do.
We invite you to contact an experienced Gastonia workers’ compensation lawyer. Horton & Mendez Injury Attorneys help people get their workers’ compensation. Contact us now.
