Case Results

Workers' Compensation: $175,000 For Shoulder, Back, And Foot Injuries

March 2011

Robert sustained injuries to his shoulder, back, and foot when he fell while working as a truck driver in Roxboro, North Carolina.  This was a complex claim that I lived for approximately four years.    

From a medical standpoint, there were several complications with Robert's case.  All three primary injuries required surgery.  Robert had prior injuries (requiring surgery) on both his shoulder and back.  Insurance companies often argue a pre-existing condition is the proximate cause (real reason) for current recommended medical treatment.  The Defendants use this argument to deny authorization (payment) for medical treatment.  This issue is a common source of litigation in North Carolina workers' compensation claims.  In this case, I was able to strategically minimize this issue to the benefit of our client.  Robert ultimately received the proper medical treatment for each of his injuries. 

We had to navigate several issues regarding Robert's employment.  First, the employer laid him off.  I obtained the specific information regarding Robert's layoff, and analyzed how this affected our argument.  We discussed this to ensure Robert understood how we were proceeding.  Second, Robert received work restrictions from his treating physicians to enable his safe return to employment.  I likewise explained how the North Carolina law address the return to work process so we could address the issue correctly.  

Simply stated, I do not just look to settle cases.  My philosophy is to handle the case correctly.  Each case is unique.  I am going to evaluate, prepare, and work each case to obtain the maximum compensation for the particular client.  Approximately one and a half years into Robert's case, the adjuster offered about $56,000 to settle the case.  I counseled my client to decline.  He continued receiving medical compensation and weekly benefits (TTD).  Approximately one year later, the insurance company offered $123,000 at mediation to resolve the claim.  I again counseled Robert to decline.  He continued receiving workers' compensation benefits.  Approximately five months later, we resolved the claim for $175,000.  

Robert is a hard-working man, who sustained a unfortunate injuries.  I'm proud to say we did not let the insurance company take advantage of him.  

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