Back injuries are among the most common injuries in the workplace, and they can happen in nearly any job setting. Yet, this doesn’t take away from how excruciatingly painful and debilitating they can be. If you’ve suffered a back injury at work, you deserve compensation for your medical bills, lost wages, and the pain and suffering you’re going through.
But what exactly goes into securing back injury at work compensation, and how do you know what to expect from your settlement? We’ve put together this article to answer all of the questions you have about the process, so you don’t have to feel underprepared or overwhelmed.
At Hunter | Everage, we know that navigating the legal process of filing a workers’ comp claim can be tricky, especially when you’re dealing with the physical and emotional toll of a back injury. Our experienced Charlotte workers’ comp back injury attorneys are here to guide you through every step of the process, fighting for you to receive the full compensation you’re entitled to.
Common Causes of Back Injuries in the Workplace
Back injuries can occur in a variety of work settings, from offices to construction sites. Some of the most common causes include:
- Lifting Heavy Objects: Improper lifting techniques or frequent lifting can strain the muscles and spinal discs in the back.
- Repetitive Motion: Jobs that require repetitive bending, twisting, or lifting can gradually lead to chronic back pain or injury.
- Slips, Trips, and Falls: A fall on a slippery surface or unexpected trip can cause significant back injuries, such as herniated discs or spinal fractures.
- Vehicle Accidents: Workers who drive as part of their job, such as truck drivers or delivery workers, are at risk of back injuries in collisions.
- Workplace Accidents: Falling objects, machinery accidents, or other workplace hazards can cause severe back trauma.
Filing a Workers’ Comp Claim for a Back Injury in Charlotte
The first step to filing a workers’ comp claim for a back injury in Charlotte is to report your injury to your employer. In North Carolina, you are required to notify your employer of the injury within 30 days, but the sooner you report it, the better.
Submit a Form 18 to the North Carolina Industrial Commission (NCIC) within 30 days to formally report your injury. How you describe the injury on this form can be crucial in determining whether your claim is accepted or denied. It’s recommended to consult an experienced attorney before completing Form 18.
After reporting the injury, you should seek medical treatment right away. In most cases, your employer or their insurance company will provide a list of approved doctors or medical facilities for you to see. If you experience challenges with medical care or compensation, submit Form 33.
It’s important to follow through with the recommended treatments, whether that means physical therapy, medication, or surgery in more serious cases. Make sure to keep a thorough record of all doctor visits, treatments, and medical expenses, as this documentation will be essential for your workers’ comp claim.
Maneuvring a workers’ comp claim can be complex, and it’s often in your best interest to consult with a specialized attorney. Our workers’ comp lawyers can offer guidance throughout the process, from filing the claim to negotiating settlements. They can also help if your claim is initially denied, requiring an appeal.
Factors That Affect Workers’ Comp Back Injury Settlement Amounts
The settlement amount for a back injury workers’ comp claim can vary significantly based on several factors:
- The Severity of the Injury: Minor strains may heal with rest and physical therapy, while severe injuries like herniated discs or spinal cord damage can require surgery and long-term care.
- Permanent Disability: If your injury results in partial or total disability, the settlement amount will be higher to account for the lost earning capacity and effect on your life.
- Medical Expenses: The cost of your medical treatment, including surgery, rehabilitation, medications, and any ongoing care, will factor into your settlement.
- Lost Wages: If your injury causes you to miss work or reduces your ability to work in the future, you may be entitled to lost wages.
- Pre-existing Conditions: If you had a pre-existing back condition, it may complicate the settlement process, but you are still entitled to compensation if your job aggravated the injury.
How Long Does It Take to Settle a Workers’ Comp Claim for Back Injuries?
The time it takes to settle a workers’ comp claim for a back injury can vary, depending on various key elements. Generally, it can take anywhere from a few months to over a year to settle.
One of the primary factors influencing the timeline is the severity of your injury. If your back injury is relatively minor and you recover quickly, the process may move more quickly. However, if you have a more serious injury, you’ll likely need extensive treatment, and the claim could take longer to resolve.
Another important factor is reaching maximum medical improvement (MMI). MMI is the point at which your condition stabilizes, and no further significant medical improvement is expected.
It’s crucial to wait until you’ve reached MMI before negotiating a settlement, as this ensures that all future medical needs and potential long-term effects of the injury are taken into account. Rushing the process before you’ve fully recovered can result in a lower settlement that doesn’t cover the full costs.
Disputes over liability or the extent of your injury can also prolong the settlement process. In some cases, your employer’s workers’ compensation insurance may challenge the cause or severity of your back injury, which could lead to delays.
You might need to gather additional medical evidence, attend independent medical examinations, or even go through mediation or hearings to resolve the dispute. This can be frustrating—having a skilled workers’ comp attorney on your side can drastically help move the process along and protect your rights.
Contact an Experienced Charlotte Workers’ Compensation Lawyer
While the average settlement for a workers comp back injury can vary widely, choosing an experienced lawyer at Hunter | Everage to represent you can safeguard you and help you receive your rightful compensation.
Once you’ve taken care of your immediate health needs after a workers comp back injury, reach out to a skilled workers’ comp attorney.
We’ll handle the paperwork, negotiations, and any disputes so you can focus on healing. We have over 35 years of combined experience, and we take pride in fighting for the little guy—people who feel helpless and desperately need an advocate.
Contact our experienced Charlotte workers’ compensation lawyers at 704-377-9157 to request a consultation. We are your trusted help when you are hurting.
