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)
