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
