Workers’ Compensation Back Injury Settlement Amounts for in North Carolina

November 9, 2023 1:31 am

Workers’ Compensation Back Injury Settlement Amounts for in North Carolina

Workers' Compensation Back Injury Settlement Amounts for in North Carolina

When pursuing a workers’ compensation claim for a back injury, one must consider that the average amount of compensation can vary. This is due to a few elements, such as the level of harm incurred, each situation’s conditions, various state rules and laws, and any additional medical costs sustained. To better understand these complexities, consulting a workers’ compensation attorney is recommended. They can provide a more accurate assessment of the potential benefits and compensation available while expertly guiding individuals through the claims process to ensure they receive the fair compensation they deserve for their back injuries.

Workers Compensation Settlements for Back Injury

When it comes to workers’ compensation settlements for back injuries, the figures can vary significantly based on various factors. Here’s a glimpse at the estimated averages:

  • OSHA Estimates: Data from the Occupational Safety and Health Administration (OSHA) suggests that back injury claims can cost an average of $40,000 to $80,000.
  • National Council of Compensation Insurance (NCCI) Reports: According to the NCCI, the average workers’ compensation settlements offer further insights. They reported that settlements for low back injuries typically amount to around $37,000. Meanwhile, claims involving upper back injuries tend to result in settlements averaging approximately $33,000.
  • Note:  Settlements vary depending on the severity of the injury, the prospective permanent partial disability, and the amount of the average weekly wage.

Workers’ Compensation Benefits for Back Injuries

Workers’ compensation benefits for back injuries can vary based on injury severity, location, and individual circumstances. Here’s an overview of potential benefits for workers who sustain back injuries at work:

  1. Medical Benefits: Workers’ compensation benefits cover expenses for back injury treatment, including doctor’s visits, surgery, hospitalization, physical therapy, medications, and medical equipment.
  2. Temporary Disability Benefits: Temporary disability benefits replace a portion of lost wages during their recovery period, with the amount determined by injury severity and pre-injury earnings. These would be paid as either Temporary Total Disability (TTD) or Temporary Partial Disability (TPD).
  3. Permanent Disability Benefits: For injuries resulting in lasting impairment affecting future work capability, workers may be eligible for permanent disability benefits. The specific amount depends on the extent of impairment and earning potential.
  4. Vocational Rehabilitation: In some instances, workers’ compensation programs offer vocational rehabilitation services to help injured workers acquire new skills or transition to different jobs if they can’t return to their previous work due to a back injury.
  5. Death Benefits: If a back injury leads to a worker’s death, their dependents may receive death benefits, covering funeral expenses and providing ongoing financial support.
  6. Independent Medical Examinations (IMEs): The workers’ compensation insurance provider may require injured workers to undergo independent medical examinations to assess their injury’s extent and disability level.

Understanding that workers’ compensation laws and benefits can vary significantly by jurisdiction is essential. Consulting an attorney or your local workers’ compensation authority is crucial to grasp the specific benefits and procedures applicable to your situation. Timely reporting workplace injuries to your employer and adherence to your state’s workers’ compensation system procedures are generally required for eligibility.

How to properly file a Workers' Compensation Claim in North Carolina

How to properly file a Workers’ Compensation Claim in North Carolina

Filing a Workers’ Compensation claim in North Carolina involves several essential steps to secure the benefits you deserve if you’ve suffered a workplace injury. Here’s a concise guide:

Prompt Reporting:

Report the injury to your employer promptly. While North Carolina law allows up to 30 days for reporting, it’s best to do so immediately.

Seek Medical Care:

Obtain immediate medical attention if necessary. Inform the healthcare provider that your injury is work-related.

Document Everything:

Maintain detailed injury records, including circumstances, dates, and relevant conversations. Photos can be helpful.

Complete “Form 18”:

Submit a “Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent” within 30 days to officially report the injury to the North Carolina Industrial Commission (NCIC).  The way you describe the injury on the Form 18 can be the difference between having the claim admitted or forever denied.  Before completing the Form 18 is a very good time to consult with a reputable attorney.

File a Claim with NCIC:

If you encounter medical care or compensation difficulties, file a request for hearing by completing and submitting “Form 33 – Employee’s Request for Hearing.”

Mediation :

You will be ordered to mediation after you file a Form 33.

Prepare for a Hearing:

If mediation doesn’t resolve the issue, prepare your case for a formal hearing. Consulting a Workers’ Compensation attorney is advisable for guidance, although a smart employee would have hired the attorney before filing the Form 18.

Receive the NCIC Decision:

After the hearing, the NCIC will issue a decision. Approved claims could result in benefits, including medical coverage and wage replacement, determined by the Commission.  If the claim is denied, then you will receive nothing.

Appeal When Necessary:

If you disagree with the decision, you have the option to appeal to the Full Commission, then if you lose again to the North Carolina Court of Appeals.

Follow Medical Treatment Plans:

Comply with your medical treatment plan, attend appointments, and inform relevant parties of your progress.

Remember that Workers’ Compensation procedures can be intricate, and the process may vary depending on your circumstances. Seeking counsel from an experienced Workers’ Compensation attorney in North Carolina is advisable to navigate the process effectively and safeguard your rights.

Understanding back Injuries in the Workplace

Back injuries are prevalent in the workplace, often stemming from physical strain, repetitive motions, or accidents. Familiarizing yourself with these injury types is crucial, as is knowing when to engage a Workers’ Compensation lawyer for back injury claims.

Types of Back Injuries

  1. Strains and Sprains: Common back injuries resulting from improper lifting or sudden movements, affecting muscles and ligaments.
  2. Herniated Discs: Occurs when the soft inner part of a spinal disc pushes through the outer layer, causing back and limb pain, numbness, and tingling.
  3. Fractured Vertebrae: Severe injuries caused by falls, impacts, or machinery accidents, often requiring surgery.
  4. Spinal Cord Injuries: Catastrophic injuries with potential paralysis and long-term disability, leading to substantial Workers’ Compensation claims.
  5. Sciatica: Nerve pain radiating along the sciatic nerve, usually due to a herniated disc or bone spur.
  6. Degenerative Disc Disease: Chronic back pain from gradual spinal disc deterioration over time.  These injuries are not compensable in North Carolina, where a sudden traumatic incident must occur.
  7. Scoliosis: Abnormal spine curvature leading to back discomfort.  Scoliosis is usually understood to be a pre-existing condition, but it can be asymptomatic prior to injury.

North Carolina Workers’ Compensation Lawyer for Back Injury Claims

Are you dealing with the complexities of a back injury claim through Workers’ Compensation? You don’t have to go through this challenging process alone.

Morrison Law Firm P.L.L.C has over thirty years of experience in workers’ Compensation claims, particularly for back injuries. Attorney Perry Morrison has a proven track record of maximizing benefits for our clients. Whether your claim has been denied or disputed, or you want to ensure you receive the full compensation, we’re ready to help you.

Contact us: Email: pmorrison@nccomplaw.com or Call at Phone: 252-243-1003

Visit our website at https://www.perryknows.com/. Don’t let a back injury claim overwhelm you.  #PerryKnows

Frequently Asked Questions

Frequently Asked Questions

What factors influence the settlement amount for a back injury under North Carolina workers’ compensation?

Settlement amounts are influenced by the severity of the injury, the impacted person’s wage rate, the extent of temporary or permanent disability, medical expenses incurred and expected future medical costs, and the injured worker’s ability to return to work at the same or a different job.

How is a back injury classified for workers’ compensation in North Carolina?

Back injuries can be classified as temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability. The classification will depend on the medical assessment of the injury and its impact on the worker’s ability to perform their job duties.

Can I negotiate my back injury settlement in North Carolina?

Yes, settlements can be negotiated. It’s often beneficial to work with a workers’ compensation attorney who can help negotiate a settlement that fairly compensates for your injury, taking into account future medical needs and any ongoing disability.

What is the average settlement amount for a back injury claim in North Carolina?

There is no “average” settlement amount, as each case is unique. Settlements can range from a few thousand dollars for minor injuries to substantial six-figure sums for serious injuries that result in long-term or permanent disability.

Are there caps on workers’ compensation settlements for back injuries in North Carolina?

North Carolina does not have a specific cap on the settlement amount for a workers’ compensation claim. However, there are statutory limits on the duration and amount of weekly benefits for temporary total disability, temporary partial disability, and permanent partial disability. The settlement will also consider these statutory limits.

Servicing The Following Counties In North Carolina