Sustaining a neck injury at work is an ordeal that can disrupt not just your job but your overall quality of life. As you face medical appointments and navigate recovery, the financial implications loom large, making a neck injury workersโ comp settlement crucial for your peace of mind and your familyโs financial stability.
In Charlotte, workersโ compensation is designed to provide relief to those injured on the job by covering medical expenses and lost wages. However, tackling the complexities of a workerโs compensation neck injury settlement can take a toll.
From filing the initial claim to understanding what compensation youโre entitled to, the process is fraught with details that can easily be missed if the system is unfamiliar to you. Whatโs more, you may be up against an insurance company disputing the severity of your injury or delaying your benefits, leaving you in a tough spot.
Itโs easy to feel helpless when youโre trying to recover physically, and at the same time, fighting for your rights. This is why having assistance from experienced Charlotte workers’ compensation lawyers makes all the differenceโsomeone who understands the workersโ compensation injury settlement process and can advocate on your behalf.
Common Causes of Neck Injuries in the Workplace
Some of the typical scenarios that may lead to a neck injury in the workplace are:
- Repetitive Strain: If your job requires you to make the same movements repeatedly, itโs easy to overwork your neck muscles without even realizing it. This kind of strain builds up over time, and suddenly, youโre dealing with pain that seems to come out of nowhere.
- Slips and Falls: Slipping on a wet floor or tripping over something left in the wrong place can lead to awkward falls, and your neck can end up bearing the brunt of that impact.
- Heavy Lifting: Lifting something heavier than expected or using the wrong technique to lift can do more than just hurt your back. Your neck supports part of that load, and improper lifting can strain your neck muscles or even cause disc injuries.
- Overhead Work: Reaching overhead for long periods can cause neck strain, as the awkward positioning can quickly lead to muscle fatigue and injury.
- Manual Labor and Machinery: Jobs involving heavy machinery or engaging in physically demanding tasks can put immense pressure on the neck. Whether itโs handling power tools or working in an industrial setting, the physical demands can often lead to overuse injuries.
The Process for Filing for Neck Injury in Workersโ Compensation
The first thing youโll want to do is report the injury to your employerโyou should do this as soon as possible. In North Carolina, youโre required to notify your employer within 30 days of the incident. If possible, this notification should be in writing, detailing how, when, and where the injury occurred. Delays in reporting can raise questions about whether the injury is work-related, which could affect your claim.
Once youโve reported the injury, the next critical step is seeking medical attention. Your employer or its workersโ compensation insurance company will likely direct you to a specific doctor or clinic.
Itโs important to follow their guidelines, as this ensures that your medical records are properly linked to your workersโ comp case.
The doctor will evaluate your injury and provide a treatment plan, which could include anything from rest and physical therapy to
surgery, depending on the severity of your neck injury.
After your medical assessment, your employer will provide you with the necessary forms to file your workersโ comp claim. This paperwork is crucial because it officially starts your claim for compensation.
Be thorough and accurate in filling out these forms, providing all the details about how the injury happened, the treatment youโre receiving, and how itโs affecting your ability to work. Once the claim is filed, the workersโ comp insurance will review your case and decide whether to approve or deny your claim.
After your claim is filed, adhere strictly to the treatment plan prescribed by your medical provider. Attending all follow-up appointments and adhering to the prescribed therapies or medications is not only important for your recovery but also supports your claim by showing youโre being proactive in your approach to getting better.
What to Do if Your Workers’ Comp Claim for a Neck Injury is Denied
Start by carefully reading the denial letter to understand the reasons behind the decision.
Common grounds for denial are claims of an injury not being work-related or insufficient documentation.
Once you have identified the reason for the denial, the next step is to prepare for an appeal.
This process usually involves filing a request for a hearing where you can present the evidence to challenge the denial.
In North Carolina, you have the right to appeal a workersโ comp denial, but this process can be complex and time-sensitive. Itโs important to gather all necessary documentation as quickly as possible. The documentation typically includes:
- Accident report
- Medical records
- Witness statements
- Wage slips (if youโve lost wages during the recovery period)
- Emails, letters, or other correspondence about your injury between you, your employer, or the insurance company.
If you encounter any challenges during this process, contact our experienced workersโ compensation attorneys. We can support you throughout the claims process, allowing you to focus on your recovery.
How Workersโ Comp Settlements Are Calculated for Neck Injuries
The amount you may receive for a neck injury from workersโ compensation depends on several factors, including:
- Medical Costs: This includes all expenses related to your treatment, such as surgeries, medications, and physical therapy.
- Lost Wages: Workersโ comp can cover a portion of your lost income if your neck injury prevents you from working for an extended period.
- Permanent Disability: If your neck injury results in long-term impairment, you may be entitled to compensation for permanent partial or total disability.
- Pain and Suffering: While North Carolina workersโ comp does not include damages for pain and suffering, your overall settlement may reflect the severity of your injury.
Contact an Experienced Charlotte Workers’ Compensation Lawyer
Whether your injury was caused by repetitive strain or a more catastrophic accident, navigating a workersโ compensation neck injury settlement can feel like an uphill battle. But if thereโs one thing to remember directly after this incident, itโs this: get prompt medical attention, even before you reach out to us.
Your health is the priority, and having proper medical documentation will strengthen your case.
Once youโre on the path to recovery, our team will handle the legal side, helping you secure the workersโ comp settlement you deserve for your neck injury.
At Hunter | Everage, weโre more than just your legal advisors; we are advocates for the โlittle guyโ. With over 35 years of combined experience, weโve dedicated our practice to helping the hard-working people of Charlotte as both clients and individuals who deserve respect and diligent legal support.
In some cases, a work injury may also involve a third party. Weโre prepared to help you pursue additional compensation if someone elseโs negligence caused your accident. While itโs more common to pair personal injury with workersโ comp, our expertise in securing Social Security Disability Insurance means we can also help you if your disability is disabling.
At Hunter | Everage, our team will take the legal pressure off your shoulders. From filing your claim to negotiating a workersโ compensation neck injury settlement, weโre committed to making sure you receive the compensation youโre entitled to.
Contact us at 704-377-9157 for a free consultation.