Durham Spinal Cord Injury Lawyer

Spinal Cord Injury Attorney in Durham, NC

Spinal cord injuries are one of the most serious and painful injuries a person can experience. When it happens at your place of employment, it can feel even more overwhelming. Working with a Durham spinal cord injury lawyer after your incident can help you understand your rights as a North Carolina employee and what workers’ compensation benefits you’re entitled to.

Hire a Spinal Cord Injury Lawyer to Protect Your Legal Rights

The attorneys at The Sumwalt Group Workers’ Comp and Trial Lawyers know how difficult life can be after a workplace injury. We have over 45 years of combined professional experience in workers’ compensation law. Our clients often feel destabilized after an injury, not understanding their legal rights or whether they’ll face punishment for their pain.

We offer new clients consultations at our Charlotte office to address their questions and concerns about their cases.

Vernon Sumwalt

Free Consultation Today 704-565-0621

Contact Us

North Carolina Workers’ Compensation Laws

In 2023, there were 85,700 cases of workplace illnesses and injuries throughout North Carolina. These incidents can range from smaller, short-term injuries to long-term disability. Spinal cord injuries happen when the spine is damaged, often leading to permanent changes in strength, feeling, and other functions below the damaged area.

Throughout the world, over 15 million people live with a spinal cord injury. Besides the physical side effects, the emotional pain involved can be debilitating for survivors. When a spinal cord injury happens at work, you’ll need to seek workers’ compensation. Almost all employers in North Carolina must carry workers’ compensation insurance in case an employee is injured or becomes ill on the job.

You’re entitled to benefits if you were injured at work. You don’t need to prove you weren’t at fault for the incident. However, because you don’t have to prove fault, you generally can’t open a legal case against your employer for the incident. You can only open a legal case against your employer if they:

• Acted with reckless conduct, leading to your injury
• Acted with intention, leading to your injury

Workers’ Compensation Benefits You’re Entitled to as a North Carolina Employee

You’re entitled to various benefits after suffering a workplace injury or illness. This includes:

1. Medical treatment, including surgeries, medications, and mobility aid devices
2. Rehabilitation services
3. Partial wage payments. These payments will begin no more than 14 days after you first inform your employer of your injury. They will be paid out weekly, at two-thirds of your average weekly wage.

These benefits continue until you are able to return to work in full health. If you’re unable to do so, you’ll either be eligible for permanent partial disability payments or your employer may reach out to discuss a settlement offer. During this time, it’s important to hire a spinal cord injury lawyer.

These injuries often result in long-term pain, and you should never settle for less than what you deserve. A skilled lawyer can advocate on your behalf.

The Process of Workers’ Compensation in North Carolina

After suffering a spinal cord injury at work, you’ll need to seek immediate medical attention. Be sure to tell your doctor about the situation so they can note that the injury was work-related. Request copies of your records for safekeeping.

You’ll then need to inform your employer of the injury. You’ll need to do this within 30 days of the incident, both verbally and in writing. You can take time off work right away to rest and recover, but you won’t receive any partial wages until after the first seven days. Be sure to use your sick time, vacation days, or other PTO during that first week.

However, if you’re out of work for over 21 days, you’ll be reimbursed for that first week off work.

FAQs

What Do I Do if My Employer Wants to Offer Me a Settlement?

If your employer wants to offer you a settlement, you’ll need to have legal representation to discuss the amount. You don’t have to accept a settlement offer, and oftentimes those with permanent disability prefer having lifelong disability payments from their employer. Whether you accept a settlement depends on the amount involved, your injury, and your personal feelings about it.

What Do I Do if a Third-Party Caused My Spinal Cord Injury at Work?

If your workplace injury was caused by a third party, you can still receive workers’ compensation benefits. You can also file a personal injury claim against the third party. You’ll have a year to do so and can file at the Durham, North Carolina County Courthouse, located at 510 South Dillard Street. If you win your case, you’ll receive compensation from the third party to help you recover your financial and emotional losses.

Can I Choose My Own Doctor While on Workers’ Compensation?

You may be able to choose your own doctor while on workers’ compensation. Your employer’s insurer will typically be in charge of choosing your doctor, but you can submit a request to change providers or seek a second medical opinion. The North Carolina Industrial Commission oversees handling workers’ compensation claims and will grant your request if it believes it will help you during your recovery process.

What Safety Laws Do North Carolina Employers Have to Follow?

North Carolina employers have to follow the safety laws outlined by the Occupational Health and Safety Act. They have to ensure their work environment is free of hazards that could potentially endanger their employees’ health and safety. If they fail to do so, your workers’ compensation benefits will increase by 10%. If your failure to adhere to safety laws led to your injury, your benefits will decrease by 10%.

What Do I Do if My Workers’ Compensation Claim Gets Denied by My Employer?

If your workers’ compensation claim is denied by your employer, you can submit a formal request for a hearing to appeal the denial. During this time, you can still get medical treatment for your injury. Doctors won’t bill you directly unless your appeal results in a final denial. It’s important to hire a lawyer to fight for your rights during your hearing.

Work With Experienced Workers’ Compensation Lawyers in North Carolina

Reach out to The Sumwalt Group Workers’ Comp and Trial Lawyers today to learn how our attorneys can help you. Our firm provides consultation to residents of Durham and surrounding cities in North Carolina. We offer a full range of legal services, from answering basic questions to full litigation.