Charlotte Spinal Cord Injury Lawyer

Charlotte Spinal Cord Injury Attorney

Many workplace injuries have the potential to be life-changing, and this is especially true for spinal cord injuries. Most spinal cord injuries result in some measure of disability, up to complete lifelong paralysis. If you or a loved one sustained such an injury at work, it is vital to know your rights in terms of claiming workers’ compensation benefits and how an experienced spinal cord injury lawyer centrally located in Charlotte can assist you.

Legal Counsel for Workplace Spinal Cord Injuries in Charlotte & Throughout NC

The Sumwalt Group Workers’ Compensation and Trial Lawyers’ team has decades of professional experience representing injured workers in Charlotte and surrounding communities of North Carolina. If you have suffered a spinal cord injury at work, you likely have many pressing legal questions that you cannot answer for yourself. Our team can help you make clearer sense of your situation. Our goal is to guide you through the claim process and maximize your recovery.

The workers’ compensation claim filing process can be more challenging than it appears at first. Additionally, if you have suffered a debilitating spinal cord injury or are caring for a loved one who has suffered such an injury, attempting to navigate this process alone will be especially difficult. With our team’s assistance, you can have the peace of mind of knowing that your case is in capable and trustworthy hands.

We can carefully review the details of how your injury happened and help you understand the process you must complete to recover workers’ compensation benefits. If any disputes arise with your employer and/or their insurance carrier, we can assist you in resolving them. Additionally, if you have grounds for additional legal recourse outside of the workers’ compensation system, such as a personal injury claim against a negligent third party, we can also provide legal representation for these recovery efforts.

Qualifying for Workers’ Compensation Benefits with the Help of a Lawyer Centrally Located in Charlotte, North Carolina

In North Carolina, almost every employer in every industry is required by law to have workers’ compensation insurance, and this insurance applies to most workers in the state. Some types of employees, as well as independent contractors and federal employees, are exempt from workers’ compensation coverage under our North Carolina workers’ compensation system. Make sure to confirm your employment status so you know whether you are eligible to file a workers’ compensation claim after an injury on the job.

As long as your injury happened while you were performing your job duties, it will qualify as a work-related injury. This includes working outside of a designated location. For example, if you are required to drive as part of your job duties and suffer a spinal cord injury in a car wreck, it would qualify as a work-related injury. If you have any concerns about your eligibility to file a claim, an experienced attorney centrally located in Charlotte, North Carolina, can clarify these issues for you.

It is also important to understand that workers’ compensation insurance functions on a no-fault basis. It is not necessary to prove fault for your injury, and you may have even caused the injury yourself and still qualify for benefits. There are exceptions to this, however. If you caused your own injury because you violated workplace safety regulations or were working under the influence of alcohol or drugs, you may be disqualified from benefits if these factors contributed to the accident causing your injury.

You also cannot sue your employer for a workplace injury if they have workers’ compensation insurance. This insurance is meant to function as a sole remedy for workplace injuries, meaning the employer is immune from civil liability for their injured workers’ damages as long as they have required insurance coverage and process injured employees’ claims in good faith. If you have questions about eligibility for benefits, you need to consult an attorney.

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Common Causes of Spinal Cord Injuries in the Workplace

It is possible for a spinal cord injury to happen at work in various ways. These injuries may result from vehicle wrecks, falls, or crushing injuries. Heavy equipment malfunctions can also cause traumatic spinal injuries, as can getting hit by falling objects (such as trees, work equipment, or other things). The purpose of workers’ compensation insurance is to provide financial relief from the cost of treating all on-the-job injuries.

The spinal cord cannot repair itself like the rest of the body when it is injured. This means that any damage to the spinal cord is likely permanent, and the location of the injury will determine the severity of the resulting effects. If the spinal cord is severed completely, the victim will be paralyzed below the injury site. An incomplete spinal cord injury can also result in paralysis, loss of sensation, and diminished mobility.

Filing Your Claim for Workers’ Compensation Benefits

The process of filing your claim for workers’ compensation benefits begins by notifying your employer of your injury. If the injury results from a traumatic accident, they will likely learn of it immediately. In North Carolina, an injured worker must report their workplace injury within 30 days of it happening unless the employer has actual knowledge of it; otherwise, their employer may deny their claim. The worker will then have two years from the date of the injury to file the claim.

Once you notify your employer of your injury, they must provide you with the forms you will need to complete and send to their insurance carrier. Our team at The Sumwalt Group can also get these forms to you if you have not already received them from your employer or its insurance company. Before the insurance company will review your claim, you will likely need to complete a medical evaluation from a workers’ compensation physician. You can see any doctor for emergency care, but once you are stable, you will need to visit a workers’ compensation doctor for additional treatment and, ultimately in most cases, a functional capacity evaluation.

This evaluation is meant to determine the overall severity of your injury and the functional capacity for work you retain. The doctor will express their findings with a disability rating. The higher the rating, the more disabled the victim, and the more they can expect to receive in workers’ compensation benefits. There is other means of compensation available if your restrictions keep you from returning to work on a long-term or permanent basis. If you have concerns about the workers’ compensation doctor’s findings, you should consult your attorney.

Once you have completed the prerequisites for your claim, you can submit the necessary forms to the insurance company. They will review the claim and may contact you and your employer for more information. Generally, insurance carriers process claims for workers’ compensation benefits within a few weeks. However, it is possible for delays to occur for several reasons. An experienced attorney can help you streamline the claim filing process.

Benefits Available for Workplace Spinal Cord Injuries

The purpose of workers’ compensation insurance is to provide financial relief to workers who have been injured on the job. A successful claim will typically yield two forms of compensation for the injured worker. First, the insurance company will cover the cost of all the medical care they need to recover from the injury. Second, they will issue disability benefits to reflect the claimant’s inability to work due to their injury.

A spinal cord injury is a medical emergency that will likely require extensive treatment immediately following the incident, as well as various types of ongoing rehabilitative care. The victim may need several prescription medications, physical therapy, multiple surgeries, attendant care or home health care provided by family members, and various other treatments. Workers’ compensation insurance should cover all medical expenses related to such an injury. Your attorney can help resolve any disputes over billing for treatment.

When it comes to disability benefits, these are more variable and awarded on a case-by-case basis based on each claimant’s restrictions and perhaps later a disability rating. Partial disability benefits may be awarded when a claimant can still work after their injury but is unable to earn their usual income or work the same number of hours while on medical restrictions. If you are awarded partial disability benefits, you will need to report your weekly income to the insurance company and provide proof of ongoing restrictions from a doctor or other authorized health care provider.

Total disability benefits are awarded when a claimant cannot work at all due to their injury or when the claimant’s restrictions cannot be accommodated by their employer of injury. Generally speaking, each weekly payment will amount to about two-thirds of the claimant’s average weekly pay, based on the prior year of work for their employer (or shorter period if you worked less than a year before the injury). There is a cap on weekly benefits payments that is adjusted each year. These benefit payments can continue until the victim recovers enough to work, and it is possible to qualify for permanent disability benefits under certain conditions.

Your spinal cord injury lawyer centrally located in Charlotte can be your most valuable asset when it comes to ensuring you receive an appropriate determination of benefits that properly reflects the severity of your condition. In the event you have been permanently disabled, you need a legal representative who can fight for you to secure the maximum benefits available. They can also help you explore alternative benefits programs or even a third-party suit.

Filing a Third Party Personal Injury Suit for a Workplace Spinal Injury

When an employer has workers’ compensation insurance, it will protect them from civil liability for an injured worker’s damages. However, if a third party outside of your work caused your injury, you would not only have grounds to file a workers’ compensation claim since the injury happened at work, but you would also have grounds for legal recourse against the third party that could yield substantially more compensation than that ordinarily available under our workers’ compensation system.

It is important to note that while workers’ compensation insurance in North Carolina functions on a no-fault basis, fault will be a crucial issue in a third-party personal injury claim. North Carolina enforces a contributory fault rule, meaning that a plaintiff in a personal injury case must not only prove that a defendant is at fault for their injury but also that they were not partially at fault for causing it. Any plaintiff’s fault will bar them from recovery under this rule.

Your spinal cord injury lawyer centrally located in Charlotte can help you determine whether you have any grounds to file a third-party personal injury suit. If so, they can help you gather the evidence you will need to prove liability and hold the defendant accountable for the damages you suffered that workers’ compensation insurance will not cover. For example, you would be able to claim compensation for non-economic damages like “pain and suffering,” which workers’ compensation insurance does not cover.

What to Expect From Your Spinal Cord Injury Lawyer in Charlotte, North Carolina

Having the right attorney on your side after a spinal cord injury at work can make the workers’ compensation claim filing process much easier, and you will be more likely to maximize your recovery with their assistance. The team at The Sumwalt Group Workers’ Compensation and Trial Lawyers has helped many clients in Charlotte and throughout North Carolina and elsewhere with their work injury claims and we can apply this experience to your situation, helping you to explore all legal options available after your workplace injury.

Our team has years of experience negotiating with major insurance carriers on our clients’ behalf. We also know how to resolve disputes in court and on appeals with employers who do not fulfill their responsibilities to their injured workers or retaliate against them. With our counsel, you can approach the claim filing process with confidence. You can rest and recover with peace of mind while we manage your legal affairs for you.

Spinal cord injuries are life-changing and can result in permanent disability, so it is imperative to ensure you receive adequate medical care. If you encounter any issues with the insurance company’s handling of your claim, we can also help resolve these problems to ensure they handle your claim in good faith.

If you have grounds to pursue additional recovery with a third-party personal injury suit, we can assist with this as well. Workers’ compensation insurance is a valuable economic lifeline, but it is limited in what it can provide. If you have the opportunity to pursue additional compensation, you will need an experienced attorney on your side to pursue your claim and maximize the case award you secure from the defendant who caused your injury.

Ultimately, any workplace injury can be devastating, but this is especially true for spinal cord injuries. The team at The Sumwalt Group Workers’ Compensation and Trial Lawyers has the experience and resources you need to navigate this process efficiently. During your initial consultation with our team, we can review the details of your situation and explain how we can help. Contact us today and schedule your free consultation with a spinal cord injury lawyer in Charlotte.