Back injuries are very common in the workplace, particularly for those performing more labor intensive employment. These injuries also comprise one of the most difficult areas of workers' compensation claims. Insurance companies fight these claims hard. They will use a variety of tactics against you to deny your compensation.
A work injury normally requires the interruption of your normal work routine (a "injury by accident") to establish a compensable claim. However, the North Carolina law only requires you to establish a "specific traumatic incident" for a compensable back injury. This is a lower standard. However, there are very fact-specific requirements to establish the compensability of your North Carolina workers' compensation claim. You need to promptly speak with Mr. Shumate before you speak with the insurance company so you understand precisely how this law works.
We litigate a variety of common issues in back injury cases. Many injured workers are denied compensation because the insurance company argues you have a pre-existing medical condition. The Defendants may argue your medical records reveal you have a degenerative back condition. The insurance adjuster may argue your accident only aggravated your degenerative condition. The North Carolina law does provide you compensation in this scenario. The insurance companies simply lie to injured workers. The effect of your prior medical condition on your claim can be significant though. You need to discuss the matter with an experienced workers' compensation attorney to understand the impact on your case.
The insurance adjuster will sometimes direct your medical care to an urgent care or an orthopedist. However, you likely received little medical treatment and a simple diagnosis of a back strain / back sprain. You may encounter significant reluctance to order further testing. Mr. Shumate has represented numerous clients with significant surgical conditions, who received an initial diagnosis of a track strain. You're encouraged to contact our office for suggestions how to assist your medical care.
Many injured workers are promptly released to return to work (with or without restrictions) during their initial medical treatment. The point of work restrictions is to allow you (the injured worker) to safely return to work following an injury. The North Carolina law provides a specific set of rules for the insurance company and your employer to follow regarding this process. However, the Defendants will lie to you about this every time. They insurance adjuster will not follow this process unless an experienced workers' compensation attorney protects your safety by implementing the proper return to work process. Mr. Shumate will gladly explain these rules, and how you are to safely return to work. However, you must seek this help before you go back to work.
Mr. Shumate has years of experience assisting clients who sustained back injuries at work. You may have an injury that requires surgery; you may only require conservative treatment. Regardless, we understand you are in real pain. We also understand you have financial issues resulting from this injury. Contact us today and allow Chris to answer your questions.
Aggressive, Personal, and Effective Representation