Personal Injury: $120,000 Recovery For Shoulder Injury
Tonya sufferd a right shoulder injury at work when she tripped and fell exiting an elevator in Charlotte, North Carolina. The shoulder injury required surgery and extensive physical therapy. I pursued two separate (yet related) claims on Tonya's behalf. First, we obtained proper medical and weekly financial compensation (temporarily total disability) for Tonya per a workers' compensation claim. Second, we strategically pursued a civil claim against the owner of the building, and the elevator manufacturer.
The Defendants aggressively defended the workers' compensation claim. I spent considerable time fighting the insurance company to (a) ensure Tonya received proper medical care, and (b) protect her rights regarding her employment during the return to work process. This "return to work" process is quite confusing and often leads to serious problems with workers' compensation cases. I spend considerable time / energy counseling my clients regarding this process so they understand how we can best address the issue. I believe many injured workers encounter problems with this return to work process because their lawyer is simply too lazy to spend the necessary time explaining the process completely.
Tonya's civil claim faced significant hurdles. The biggest problem was that North Carolina is one of the last remaining states to employ the law of "contributory negligence". This law is very challenging for a case such as this. I prepared our case from the start to face this hurdle. I investigated the matter thoroughly by obtaining maintenance records, interviewing the DOL examiners, etc. I was able to combat many of the insurance adjuster's arguments due to this preparation during negotiations.
Ultimately, we obtained the proper medical care for Tonya. While she was recovering, we ensured she received all the proper workers' compensation benefits. At the appropriate time, we also negotiated a very favorable recovery of the civil claim. Our hard work balanced many factors to place Tonya in a great position going forward.
Practice area(s): Workers Compensation, Personal Injury