Case Results

Workers' Compensation: $140,000 Recovery For Shoulder And Neck Injuries

October 2010

Arnold sustained shoulder and neck injuries while working as a truck driver in Greenville, South Carolina.  When I began representing Arnold, there were two pressing issues: First, he needed proper medical treatment.  Second, we needed to address his work status. 

The insurance company has the right to direct medical care in a compensable workers' compensation claim.  However, the adjuster was acting improperly in this case, and I exploited her actions to obtain better medical care and overall leverage for Arnold.  This was the turning point in the case.  This is the reason I personally review every medical record and report regarding my clients; you can't protect your clients if you don't know what is going on. 

We also needed to address Arnold's work status.  The North Carolina workers' compensation law provides a specific set of rules regarding the return to work process after an injury.  These rules allow an injured worker to return to work safely, using the work restrictions assigned by the treating physician as a guide.  Unfortunately, I have never seen an employer follow these rules unless forced to do so by an experienced workers' compensation attorney.  Instead, employers and insurance adjusters force injured workers back to work immediately, needlessly risking re-injury.  In Arnold's case, I obtained the proper opinion from his physician.  I then ensured the Defendants followed the North Carolina law.  Unless my client was working within his restrictions, he received weekly TTD benefits.  

We obtained mileage reimbursement for Arnold throughout his treatment.  While this seems trivial, it adds up for clients.  In this case, it totaled several thousand dollars.  

At the appropriate point in Arnold's recovery, we carefully analyzed his case and negotiated an additional $140,000 recovery.  This compensated Arnold for his ongoing wage loss pursuant to the applicable North Carolina workers' compensation law.  The resolution allowed our client to rebound from his accident and be successful going forward.     

Practice area(s): Workers Compensation

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice