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Charlotte Amputation Injury Lawyer

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Charlotte Amputation Injury Attorney

Any type of work injury has the potential to be a life-changing experience, but this is especially true for injuries resulting in amputations. Whether the victim loses a digit or a limb, they will need to make significant physical and psychological adjustments to their life and will face tremendous challenges. If you or a loved one recently suffered this type of catastrophic injury at work, you need to speak with an amputation injury lawyer centrally located in Charlotte who can handle cases throughout North Carolina.

Legal Representation in Charlotte & Throughout NC for Amputation Injuries at Work

The Sumwalt Group Workers’ Compensation and Trial Lawyers have decades of experience helping injured workers throughout North Carolina from our centrally located office in Charlotte, NC, to navigate the workers’ compensation system, assisting them in securing the benefits they need to recover from workplace injuries. If you have been injured at work, you are likely covered by your employer’s workers’ compensation insurance policy, but you may need help succeeding with your claim.

Our firm can work closely with you through every stage of the claim filing process, from resolving any issues pertaining to your eligibility to filing a claim to help you understand the various criteria for completing the claim filing process and securing the benefits you need to recover. Depending on how your injury happened, you may also have grounds for additional legal recourse that might enhance your recovery significantly outside the North Carolina workers’ compensation system.

It is vital to understand the requirements for filing a workers’ compensation claim, including the reporting rule and limitations period for filing your claim. You must also be prepared to encounter challenges with your employer and/or their insurance carrier. If you have grounds for further legal action outside of the claim filing process, it will present a host of additional challenges. The Sumwalt Group Workers’ Compensation and Trial Lawyers is ready to assist you with all aspects of your case.

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Vernon Sumwalt

Free Consultation Today 704-565-0621

Common Causes of Amputation Injuries at Work

It is possible for an amputation injury to happen unexpectedly in various ways. Some workplaces are inherently more dangerous than others, but the reality is that life-changing injuries can happen in any workplace at any time. Some of the most commonly cited causes of amputation injuries in workplaces not only in Charlotte but throughout North Carolina include heavy equipment accidents, machine malfunctions, defective tools, and crushing injuries. Forklift, pallet jacks, and crane lift injuries also have a high risk of leading to amputations.

Amputation is sometimes the only way to treat a severe injury to save the victim’s life. In other cases, amputation results directly from a workplace accident. Whatever the case may be, the victim will require immediate emergency care, and once they receive treatment, they are going to need ongoing rehabilitative care that may involve physical therapy, multiple surgeries, fittings for prosthetics over a lifetime, and psychological treatment.  Attendant care or home health care services provided by professional nursing staff or by family members is also common in amputations.

Many victims of amputation injuries at work will require the use of prosthetics and will need to adjust to diminished mobility and/or range of motion. Amputation injuries to the legs can limit the ability to walk, lift, carry heavy objects, or remain standing for long periods. Amputations to the fingers, hands, and arms limit fine motor skills and can interfere with the victim’s everyday life in multiple ways.

As long as this type of injury occurred while you were performing your job duties, you are likely covered by your employer’s insurance policy and can file a claim for workers’ compensation benefits. Working with an experienced amputation lawyer centrally located in Charlotte, North Carolina, can make this process much easier, and you will be more likely to maximize your total compensation with the assistance they can provide.

Determining Eligibility for Workers’ Compensation Benefits in North Carolina with a Charlotte Lawyer

In North Carolina, almost every employer is required by state law to have workers’ compensation insurance, and this insurance covers most employees. There are some types of workers who are exempt from workers’ compensation coverage, and employers are not required to cover independent contractors and federal employees are compensated under an entirely different system. Make sure you fully understand your employment status and confirm that your employer has accurately characterized the nature of your employment.

Your injury should be covered by workers’ compensation insurance as long as it occurred within the scope of performing your job duties. This means the injury must have happened while you were working in order for you to qualify for workers’ compensation benefits. Additionally, workers’ compensation insurance functions on a no-fault basis, so you do not need to prove another party is at fault for your injury in order to qualify for benefits.

It is even possible for you to have caused your injury yourself and still qualify for workers’ compensation benefits. However, the injury must have been the result of simple negligence or an honest mistake you made while working in good faith. If you caused your own injury because you were working while intoxicated or because you intentionally violated workplace safety rules, these factors could disqualify you from recovering workers’ compensation benefits if they contributed to your injury.

Your amputation injury lawyer centrally located in Charlotte, North Carolina, can clarify the details of your situation so you can be sure of your eligibility to file a claim, If any disputes arise between you and your employer, they can resolve these as well. Most amputation injuries are emergencies, so an employer will likely be made aware of such an injury right away. However, if not, an injured worker must remember to report any injury within 30 days in order to qualify for workers’ compensation.

Filing Your Claim for Workers’ Compensation Benefits with a Lawyer in Charlotte, North Carolina

Once you have reported your injury and received initial medical care for it, your amputation injury lawyer centrally located in Charlotte, North Carolina, can help you navigate the workers’ compensation claim filing process. Your employer is required to provide the materials you need to file your claim, and this will include sending you to a local physician approved by their insurance company to treat your injury. You will need to see a workers’ compensation doctor for additional treatment and, in most cases, a functional capacity evaluation once you have reached “maximum medical improvement” after your amputation.

The workers’ compensation doctor you visit will be responsible for assessing the severity of your condition and assigning you a disability rating that indicates your remaining functional capacity. Generally speaking, the higher a rating, the more you can receive in disability benefits, and amputation injuries are considered catastrophic and result in 100% loss disability ratings.

In addition to the reporting requirement for workers’ compensation insurance, the injured worker must also meet the two-year limitations period for filing their claim to the insurance carrier. Once the insurance carrier receives the claim, they will investigate to ensure it is legitimate, and they may contact the injured worker as well as their employer for more information. Once they complete their review, they will issue a determination of benefits.

Workers’ Compensation Benefits for Amputation Injuries

The purpose of workers’ compensation insurance is to provide a financial safety net and job security to an injured worker. As long as they qualify to file a claim and their injury occurred within the scope of their employment, they can receive two forms of compensation if their claim is approved. A successful workers’ compensation claim in North Carolina can yield compensation for medical expenses and ongoing disability benefits while the victim recovers.

Medical expense coverage from workers’ compensation insurance is relatively straightforward. The injured victim, if approved for workers’ compensation coverage, can expect their employer’s insurance carrier to pay for all of the medical care they need to recover as much as possible from their injury. This includes both immediate and future medical expenses they face due to the injury. Sometimes, it even involves compensation to the workers’ family members for taking care of the worker during their recovery.  This is called “attendant care compensation” and pays the family members for home health care services or supervision that the insurance company would otherwise have to pay a private health care professional to provide.

For an amputation injury, the victim is likely to require expensive treatment immediately following their accident, followed by ongoing rehabilitative care. Additionally, an amputation is highly traumatic, and many victims of these injuries will struggle with various psychological effects that can be debilitating in many ways. Your amputation injury lawyer centrally located in Charlotte can resolve any billing issues related to the medical expenses your injury incurs under the North Carolina workers’ compensation system.

Disability benefits, on the other hand, are more variable and assigned on a case-by-case basis. The victim’s usual earnings per week during the year prior to their injury, their remaining functional capacity to work, and the overall severity of their injury are the main determining factors when it comes to disability benefits. It is possible for a claimant to receive partial or total disability benefits as well.

Partial disability benefits are designed to offset the difference in a claimant’s income when they can still work after their injury but are unable to earn as much as they usually earn because of it. They will need to report their weekly income to the insurance carrier in order to maintain eligibility for these benefits, and they will end once the claimant is able to return to work at their normal earning capacity.

Total disability benefits are paid when a claimant cannot work at all due to the severity of their injury. The pay rate is about two-thirds of the victim’s average weekly pay before the injury, which is paid each week until they are able to return to work, train for a new job, or resume work with partial disability benefits. It is also possible for an injured worker to qualify for permanent disability benefits if their injury is so severe that they will not be able to return to work at all in the future. Permanent disability benefits are also available if a disability rating is provided in some cases.

Pursuing Third Party Personal Injury Claims with a Lawyer in Charlotte, North Carolina

While workers’ compensation insurance is meant to act as an economic lifeline to an injured worker, it also shields covered employers from civil liability for their injured workers’ damages. This means that if you suffer an injury at work, you cannot sue your employer for damages if they have appropriate insurance coverage. However, if a third party is responsible for your injury, you may have grounds to pursue a third-party personal injury suit in addition to the workers’ compensation claim.

If you are able to file a third-party personal injury case against whoever caused your injury, you must remember that while fault is not always an issue of concern for a workers’ compensation claim, it will be a central issue for any personal injury suit in North Carolina. The contributory negligence rule applies, meaning if a plaintiff is found at fault for their injury, they cannot claim compensation for damages from any other liable party.

Success with a third-party personal injury suit has the potential to significantly enhance your overall recovery. You may be able to claim compensation for the lost income that workers’ compensation insurance does not provide. Additionally, you can claim compensation for non-economic damages such as your pain and suffering, which our workers’ compensation system in North Carolina does not provide for. Due to the catastrophic nature of most amputation injuries, it is possible for a plaintiff to seek significant compensation that reflects the overall severity of their experience if there is a third-party lawsuit brought in addition to the underlying claim under the North Carolina Workers’ Compensation Act.

Serving Clients
Throughout North Carolina

Free Consultation Today 704-565-0621

Benefits of Working With an Amputation Injury Lawyer in Charlotte, North Carolina

The right attorney can have a tremendous positive impact on the outcome of your recovery efforts following an injury at work. The team at The Sumwalt Group Workers’ Compensation and Trial Lawyers has successfully helped many past clients in Charlotte and throughout North Carolina with all types of work injury claims, including those involving amputations. We know the various challenges you might encounter in your recovery efforts and how to help you overcome them.

Our firm can meet with you during an initial consultation to learn as much as we can about your injury, your concerns when it comes to recovering benefits and compensation, and any additional avenues of legal recourse that may be available to you. Your amputation injury lawyer centrally located in Charlotte, North Carolina, can guide you through the claim filing process, help you resolve any unexpected issues that arise with your claim, and assist you with maximizing your compensation.

Legal counsel you trust will be an invaluable asset for all of your recovery efforts following a workplace injury. Our firm can also help you file a third party personal injury suit if you qualify to file this type of claim. You can rely on us to provide ongoing support and advice through every stage of your case. Ultimately, our goal is to maximize our client’s recovery through all available legal channels and to accomplish this as swiftly as possible.

You have a limited time to report your injury and file your claim to your employer’s insurance carrier. It is wise to connect with an amputation injury lawyer as quickly as possible after a workplace injury, and the team at The Sumwalt Group Workers’ Compensation and Trial Lawyers is ready to provide the legal representation you need from our central office location in Charlotte, North Carolina. Contact us today and schedule a free consultation with an amputation injury lawyer in Charlotte.

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