Asheville Work Injuries Requiring Surgery Lawyer

Asheville Work Injuries Requiring Surgery Attorney

When you suffer a work accident that causes a serious injury, the recovery process can be long, painful, and costly. In many instances, this type of injury requires surgery. The surgery is usually followed by weeks or months of rehabilitation. If you or a loved one is enduring this traumatic experience, an Asheville work injuries requiring surgery lawyer can explain your legal rights under North Carolina law, guide you through the claims process, and seek compensation.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

At The Sumwalt Group Workers’ Comp and Trial Lawyers, we have decades of combined experience. Vernon Sumwalt has conducted more than 300 workers’ compensation hearings and taught nearly 145 legal continuing education classes across the state. Christa Sumwalt has tried more than 125 jury cases. We work hard for injured workers so they can get the medical treatment and financial benefits they need after a serious injury at work.

We serve clients across North Carolina and South Carolina, including Asheville and the surrounding area. Our attorneys know how difficult it can be to deal with surgery and the recovery process. We can guide and represent you through each step of the process at the Buncombe County Courthouse.

Injuries That Often Require Surgery After a Work Accident

In some situations, work injuries are so critical that standard treatments, like rest, physical therapy, and medication, fail to deliver proper healing. Surgery becomes essential for these patients to regain functional abilities while reducing pain and preventing chronic disability. Some of the most common include: 

• Spinal cord injuries: Spinal injuries, such as herniated discs and fractures, can require surgery and necessitate months of recovery. This may also require physical therapy to assist in recovery and rebuild strength.
• Traumatic brain injuries: Severe brain injuries may necessitate emergency and extensive surgery.
• Fractures: When someone breaks or fractures a bone, such as in their leg or arm, it can require surgery that could take a long time to recover from.
• Amputation injury: In severe cases, workplace accidents can lead to surgical amputation, permanently altering a worker’s life.

Not only do these work injuries requiring surgery cases necessitate surgery, but they can also leave a huge financial burden on an individual based on the lost wages, along with the high medical expenses and lengthy recovery times involved in these work injuries requiring surgery.

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How Workers’ Compensation Applies to Surgery

Most times, if someone is injured on the job, even if the injury requires surgery, the injured worker can use workers’ compensation to cover at least some of their economic losses. Under North Carolina’s Workers’ Compensation Act, workers can be entitled to the following:

• Medical expenses: These include rehabilitation, surgery, prescription medication, and hospital stays. This can also cover any modifications that you require in the long term due to medical issues.
• Lost wages: Usually, surgery will require some time off work for the actual procedure and its resulting recovery period. Workers’ compensation covers a percentage of wages while the injured worker takes time off.
• Disability: If the surgery results in long-term or permanent limitations or disability, additional compensation may be available.

Additionally, the worker must submit a notice to their employer of the incident within 30 days, according to North Carolina statutes.

Additional Available Compensation

While workers’ compensation is afforded to most workers in North Carolina, this is sometimes insufficient to cover all expenses. If so, there may be additional liable parties who can supplement what workers’ compensation provides. When an employee receives workers’ comp, they typically are barred from filing a legal claim against their employer.

While this is implemented to protect both employees and employers from enduring lengthy and risky legal troubles, there are instances where seeking a legal claim may be necessary. These include:

• There is third-party liability: If a third party was negligent, such as a subcontractor or manufacturer, a separate legal claim may be filed against them.
• The employer behaved unethically or illegally: If the employer participated in grossly negligent or even illegal practices that led to your injury, you may file a legal claim.
• Your employer did not have workers’ compensation insurance: If an employer does not have workers’ compensation insurance, you can seek damages through a legal claim.

Private industry employers in North Carolina had 68,600 nonfatal workplace injuries and illnesses in 2023. This was equivalent to an incidence rate of 2.0 cases per 100 full-time workers, which is below the national average of 2.4 cases per 100.

FAQs

Can You Get a Workers’ Comp Settlement Without Having Surgery?

Yes. In Asheville, NC, workers’ compensation settlements are not affected by the need for surgery. Factors such as medical expenses, lost wages, and permanent disability are considered. If your injury heals without surgery but results in limited functionality, you may still be entitled to workers’ compensation. An attorney can make sure your settlement is fair based on the injury’s impact.

How Long Do I Have to File a Claim for Work-Related Injuries in North Carolina?

Under North Carolina work injuries requiring surgery laws, you generally have two years from the date of your workplace accident to file a workers’ compensation claim with the North Carolina Industrial Commission. For a third-party personal injury claim, the statute of limitations is three years. If you do not file your claim within the allotted time, you may lose your right to recover compensation.

Does NC Workers’ Comp Pay for Pain and Suffering?

No, North Carolina workers’ comp does not pay for pain and suffering. Workers’ compensation is meant to pay for economic damages, such as medical expenses and lost wages.

Non-economic damages, such as pain and suffering and emotional distress, can be sought through a legal claim. However, you are typically not allowed to file a claim against your employer if you receive workers’ compensation. If a third party contributed to your injuries, you may file a claim against them.

How Long After a Workers’ Comp Settlement Do I Get Paid in NC?

After your settlement has been approved by the North Carolina Industrial Commission, it should be paid to you within a few weeks. Sometimes, it takes longer if further information or documentation is required or the employer’s insurance company is slow to process the payment.

An Asheville work injuries requiring surgery attorney who is experienced in handling these cases can watch the process to secure your benefits in the timeliest manner possible.

Hire a Work Injuries Requiring Surgery Lawyer

If you were injured at work and require surgery, hire a work injuries requiring surgery lawyer. The Sumwalt Group Workers’ Comp and Trial Lawyers can seek the compensation you deserve. Contact us today to find out more.