The spinal cord is the thick bundle of nerve tissues that connect the brain to the body through a complex system of nerve endings. The brain transmits signals through the spinal cord, allowing for conscious and unconscious control of the body. Whenever the spinal cord is damaged, the victim is likely to suffer a wide range of debilitating effects, some of which may be permanent.
If you or a loved one recently suffered a spinal injury at work, North Carolina law dictates that your employer must have workers’ compensation insurance, and the benefits you secure through workers’ compensation can be essential to your recovery. Alternatively, if you were injured outside of work and hurt your spine due to someone else’s negligence or misconduct, you could have grounds to file a personal injury claim. Some people hurt at work have the right to pursue third-party claims in addition to their workers’ compensation benefits, depending on how their injuries occurred.
The Bollinger Law Firm, PC, has years of professional experience handling workers’ compensation claims in Charlotte, and we have successfully handled many spinal injury claims on behalf of our clients. We take time to learn as much as possible about every client we represent, ensuring we address their individual needs and concerns as fully as possible. We know how damaging any spinal injury can be and will do everything in our power to help you recover as fully as the law allows.
North Carolina law requires almost every employer in the state to have workers’ compensation insurance. The purpose of this insurance is twofold. First, it protects employers from civil liability for injured employees’ damages by providing a financial safety net to those employees. Second, it provides financial security to an injured worker in the form of medical expense coverage and ongoing disability benefits.
When you suffer an injury at work, you will need immediate medical treatment for any serious injury, such as a spinal cord injury. Once you stabilize, you will need to undergo a medical evaluation from a doctor approved by your employer’s insurance carrier. Your employer must provide you with a list of local physicians you can visit for this evaluation, and the doctor you see will assign you a disability rating based on the severity of your injury. This rating determines the level of benefits you are legally allowed to recover.
If your employer refuses to provide you with the materials needed to file your claim, if they do not create a formal incident report of your injury, or if they directly interfere with your workers’ compensation claim in any way, they can face severe criminal penalties for such behavior. After a workplace injury, report the incident to your supervisor immediately. A spinal injury is a medical emergency, and the victim will need to receive treatment as soon as possible. After receiving the immediate medical care you require, you should connect with a Charlotte spinal injury attorney as soon as possible to help you with your recovery efforts.
Filing a workers’ compensation claim is similar to filing any other type of insurance claim. The insurance carrier will investigate to make sure the claim is legitimate and, once the claim is approved, pay appropriate compensation per the terms of the policy. Having legal counsel you can trust for this claim process is invaluable. Your attorney can help file your claim and resolve any issues that arise with the insurance company, verifying that you receive appropriate compensation per the terms of your employer’s policy.
Most workers’ compensation claims filed yield two sorts of benefits to claimants. First is medical expense coverage, which applies to any and all medical expenses the claimant incurs for treatment of their injuries. Most claimants will receive full coverage for immediate health care costs and any ongoing care they will require to reach maximum medical improvement. When it comes to spinal cord injuries, victims typically require many years of rehabilitative care along with medical devices, prescription medications, and therapeutic treatments.
The second type of benefit available from a workers’ compensation claim is disability benefits that make up for the income the claimant cannot earn while they recover. Most claimants will receive up to two-thirds of their average weekly wage each week until they are able to return to work. If they can still work but can only handle lower-paying work, or if their injury prevents them from earning as much as they did prior to their injury, they may qualify to receive partial disability benefits to make up the difference.
Ultimately, a spinal injury can be life-changing in many ways. The victim is likely to face a host of ongoing medical complications, and they may be left paralyzed by their injury and never fully recover. Workers’ compensation can be a valuable lifeline, but it’s vital to consult a Charlotte spinal injury attorney to determine whether you have more options for recovering your losses in this situation.
If a specific party bears fault for your recent spinal injury, you may have grounds to file a third-party personal injury claim against them. The workers’ compensation laws typically prevent injured workers from filing personal injury suits against their employers in response to workplace injuries. However, this does not apply if the employer intentionally caused the injury or if egregious violations of workplace safety regulations caused the injury.
When a party outside of your work is responsible for your spinal injury, you could have grounds to file both a workers’ compensation claim through your employer and a third-party personal injury claim against the party that caused the injury. Workers’ compensation can provide medical expense coverage and compensate you for a portion of your missing income, and a successful personal injury claim can repay the rest of your missing income as well as other damages. For example, a workers’ compensation claim typically will not yield pain and suffering compensation. However, if you have grounds for a third-party personal injury case, there is no limit to the amount of pain and suffering compensation you can claim from the defendant.
The attorneys at The Bollinger Law Firm, PC, have years of professional experience handling a variety of workers’ compensation cases and related personal injury claims. We have helped many past clients recover from spinal injuries, including those resulting in permanent disabilities. Your situation may seem desperate or even hopeless, but the right Charlotte spinal injury attorney on your side can make a tremendous difference in the outcome of your recovery efforts and the compensation you receive.
Our team aims to resolve workers’ compensation claims as efficiently as possible on behalf of every client we represent. We will carefully review the details of how your spinal injury occurred and consult your medical team so we know the full breadth of the effects the injury is likely to have on your life. We will also evaluate your employer’s handling of your work injury case, verifying that they have met all their legal requirements under state law and handled your claim in good faith.
When it comes to filing your workers’ compensation claim, our team has experience handling claims filed to all the major insurance carriers. We know the tactics they may use to avoid liability for your damages and will resolve any disputes that arise regarding your claim for benefits. If you have grounds for further legal recourse, such as a personal injury claim against the third party responsible for your injury, we will carefully guide you through the process of building this civil claim for damages and help you hold the defendant accountable for as much compensation as state law allows.
Ultimately, any spinal injury has the potential to be a life-changing experience for the victim and impose severe financial problems on their family. Experienced legal representation is crucial in these situations if you intend to recover from the incident as fully as the law allows. When you choose The Bollinger Law Firm, PC, to represent you in a work injury case, you will have a dedicated legal representative available to answer any questions you have about your options for recovery and guide you through the difficult proceedings ahead of you.
A: The spinal cord is one of the essential components of the human body, transmitting messages between the brain and the body. Unfortunately, it lacks the ability to self-repair, so any injury is permanent. The severity of a spinal cord injury depends on whether the spinal cord is completely severed by the injury. If so, the brain won’t be able to communicate with the body below the injury site. Some people with incomplete spinal injuries will maintain some level of sensation and mobility, but the degree varies from case to case.
A: The total potential value of a personal injury case varies depending on how severe the victim’s losses are and whether their injury causes long-term or permanent damage. The total value of your spinal injury claim can include the immediate and future medical expenses you face, lost income due to your inability to work, and compensation for your pain and suffering. If your injury is permanently disabling, your pain and suffering compensation may overshadow the total of your claimable economic losses. If you were hurt at work, your recovery would come from your employer’s workers’ compensation insurance. Your Charlotte spinal injury attorney can provide an estimate of the total value of your civil claim.
A: When a defendant’s liability is clear, it behooves them to seek a swift settlement with the plaintiff they injured. If you have more than enough evidence to prove liability and the right attorney handling your case, it may only take a few weeks to settle. However, if you must resolve your case through litigation, it will take much longer. Litigation in civil court often lasts for months, but the right attorney can streamline the process in various ways.
A: There is no law that says you must have an attorney for any personal injury claim. However, you are more likely to win your case with an attorney’s assistance. You are also more likely to maximize your recovery with an attorney handling your case. Your legal representative can help meet the procedural requirements of your case and maximize the compensation you obtain from the defendant. They will likely be able to identify avenues of recovery you would have overlooked on your own.
A: The Bollinger Law Firm, PC, accepts spinal injury clients on a contingency fee basis. This means we only take a fee once we win your case. You pay nothing upfront and are not required to pay any ongoing legal fees throughout your case proceedings. Once we win compensation for you, our contingency fee is a percentage of the total amount recovered, and you keep the rest. This ensures you have the legal counsel you need when you need it most, with no financial risk to you.
The Bollinger Law Firm, PC, has years of experience representing clients in a wide range of work injury and personal injury cases throughout the Charlotte area; we can put our experience to work for you. Our team will take time to develop a completely individualized legal strategy on your behalf so you can approach your spinal injury case with confidence. If it is time for you to learn how our firm can empower your recovery efforts, contact us today to schedule a consultation with a Charlotte spinal injury attorney.