Case Results

Workers' Compensation: $82,500 Recovery For Orthopedic Injuries

March 2012

Julio sustained orthopedic injuries working as a laborer in Charlotte, North Carolina.  This case was complicated by various factors: primarily our client's very low wages, a subsequent injury during physical therapy, and the heavy physical demand of his position.  I utilized years of litigation experience as a workers' compensation attorney to develop our strategy to address each of these factors.  

One of the primary factors in a workers' compensation claim is your wages, which determines your average weekly wage, and resulting weekly compensation rate.  Your weekly benefits (temporary total disability / temporary partial disability / permanent impairment rating / etc.) are calculated utilizing this compensation rate.  It is tough to combat a really low rate.  However, I worked to offset this issue in Julio's case by developing other factors that raised the Defendants' exposure and the value of his claim.  This is just one instance of the value of having a smart, hard-working lawyer in your corner.

Julio was re-injured in physical therapy.  Unfortunately, this is fairly common.  It's frustrating for injured workers.  It also creates several issues in a case.  It's critical the attorney understands how to address the medical and financial benefits issues that arise from such a re-injury.  I aggressively protected Julio's interests to ensure we addressed these matters effectively. 

Like many of my clients, Julio performed a heavy manual labor position.  Following a work accident, some clients are unable to return to such difficult jobs.  You need a lawyer who understands the specifics of the return to work process, will explain the details to you, and will fight the Defendants to protect you until the end.  I made sure the Defendants did not force Julio to return to an unsafe position.  

I worked very closely with Julio to explain the North Carolina workers' compensation law.  As Julio speaks mostly Spanish, we had many discussions with his wife to ensure accurate communication / understanding.  I worked to ensure Julio received the proper medical care for his injuries.  Julio also received proper weekly compensation while he recovered from his injury.  Ultimately, we negotiated an additional $82,500 compensation for Julio that greatly assisted his return to new employment.  

Practice area(s): Workers Compensation

Court: North Carolina Industrial Commission (Charlotte, NC)

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