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Salisbury Work-Related Back Injuries

Every day, thousands of people working in Salisbury, NC across the United States suffer injuries at work. While some work injuries will heal relatively quickly with minimal long-term damage, others are far more debilitating and painful, sometimes requiring years of rehabilitation. Back injuries are especially problematic. Depending on the location, nature, and severity of a back injury, the victim could be unable to walk, work, or perform basic household tasks until they recover.

Experienced Legal Counsel for Work-Related Back Injury Claims in Salisbury, NC

If you or a family member recently suffered a work-related back injury, you likely have the ability to file a workers’ compensation claim. North Carolina law requires almost every employer to have workers’ compensation insurance, and this insurance comes into play whenever any type of injury happens in the workplace. While the workers’ compensation claim filing process is similar to the process of filing most other types of insurance claims, the claimant has the greatest chance of success when they have reliable legal counsel advising them.

M. Reid Acree, Jr., offers comprehensive legal counsel for work injury claims in Salisbury and surrounding communities. Throughout the years of our firm’s operation, we have successfully represented many past clients, including those who have sustained acute back injuries and developed degenerative back injuries from performing their work duties. If you or a loved one is struggling with a back injury from work, we can help identify your most viable recovery options.

Understanding Workers’ Compensation Claims

Almost every employer in the state is legally required to have workers’ compensation insurance. When a work injury occurs, the victim has the right to file a claim for benefits as long as the injury happened when they were performing their job duties. If the victim acquired a repetitive stress injury, they could claim workers’ compensation benefits as long as they can prove they directly suffered the injury from work.

When a work injury happens, the victim should notify their supervisor immediately. The supervisor is required to record the injury in a formal incident report and provide the injured worker with the forms needed to file their claim for benefits. As part of this process, the claimant will likely need to undergo a medical examination from a physician approved by their employer’s insurance carrier, and this physician will assign them a disability rating.

If an acute traumatic injury occurs, the victim can see any available doctor for immediate treatment. If they discover a repetitive stress injury or acquired medical condition, or once they stabilize from their emergency condition, they will need to see a workers’ compensation doctor for a disability rating. This rating will dictate how long they can receive benefits and how much they can receive. If the claimant disagrees with the first doctor’s assessment of their condition, they have the right to seek a second opinion.

After completing the medical review process, the claimant is ready to submit their claim to the insurance company. The insurer reviews the claim, contacts the claimant and/or their employer to answer questions, and then delivers a determination of benefits.

Workers’ Compensation Benefits Available for a Back Injury

Workers’ compensation insurance prevents an employer from facing civil liability for an injured worker’s damages, and it provides financial security to an injured worker who needs medical care and cannot work while they recover. Two forms of benefits are generally available for a back injury:

  1. Medical expense coverage. The employer’s insurance company will pay for all medical care the victim requires to fully heal from their injury. This includes immediate treatment following an acute traumatic accident as well as ongoing rehabilitative care. Many back injuries will need ongoing treatment for the victim to regain maximum function.
  2. Disability benefits. When a work-related injury prevents a victim from working and earning income, they can receive ongoing disability benefits to make up for their lost earning power. It’s possible for the claimant to receive total disability benefits if they are completely unable to work during recovery, and these payments may continue for up to 500 weeks under North Carolina law. Partial disability benefits are also possible if a claimant can work but their injury prevents them from earning as much income as they did prior to their injury.

Your determination of benefits from the insurance company will include a list of the medical treatments they will cover and how much you can receive in ongoing disability benefits. If you disagree with their assessment, your Salisbury work injury attorney can help resolve any issues and ensure you receive a fair determination of benefits.

What to Expect From Your Salisbury Work Injury Attorney

The right attorney can make every aspect of your work injury claim easier to manage, from the initial filing of the claim to resolving disputes with your employer and/or their insurance carrier. It is also possible to have grounds for additional legal action in some cases. For example, if you suffered a back injury due to the actions of any party not employed by your employer, you may be able to file a third-party personal injury claim against them. This civil claim would enable you to recover compensation that workers’ compensation insurance does not provide.

When you choose M. Reid Acree, Jr., as your legal advocate, our team will be readily available to address your concerns and answer your questions as your case unfolds. We have successfully represented thousands of work injury cases in Salisbury and throughout the state, and we can help determine the most viable path to maximizing your compensation. Back injuries can be especially debilitating, not only interfering with your ability to work but also preventing you from managing everyday household tasks and doing the things you enjoy. Our goal is to help you recover as fully as possible in the shortest time possible, and the sooner you reach out to our team, the more likely we are to accomplish this on your behalf.

FAQs

Q: What Are the Most Common Back Injuries That Occur in the Workplace?

A: Back injuries can happen in many ways, but the most commonly reported causes of back injuries that lead to workers’ compensation claims in Salisbury include falls and repetitive stress. Falls are the leading cause of acute traumatic injuries at work, and repetitive stress injuries develop whenever a worker must perform the same physical tasks every day at work. If you need help proving the exact cause of your back injury, it is vital to consult a Salisbury work injury attorney as soon as possible.

Q: Can I Get Fired for Missing Work Due to Back Pain?

A: If you are injured at work or acquire a medical condition from work and need time off to heal, this should not form grounds for termination. While at-will employment law generally provides employers broad flexibility to terminate employees as they see fit, they may not fire employees for illegal reasons. If you sustain a back injury from work, you should file a workers’ compensation claim and ensure there is a formal incident report of the accident. If you believe you have been fired in bad faith in response to your work injury claim, you could have grounds for an employer retaliation suit.

Q: How Long Does It Take to Return to Work After a Back Injury?

A: The time a victim of a work-related back injury will need to recover depends on many variables. Some are able to return to work within a few weeks, while others are left seriously disabled for months or even years. You will need to undergo a medical evaluation from a workers’ compensation doctor for a disability rating, and their rating will determine the scope of the benefits you can receive while you recover. This rating also dictates the length of time your benefits can last.

Q: Can I File a Personal Injury Claim for a Back Injury at Work?

A: The workers’ compensation laws of North Carolina generally prevent injured workers from filing civil claims against their employers, but there are exceptions to this. If your employer does not have the required insurance coverage, then you could proceed with a personal injury claim against them. If a specific party outside of your work caused the injury, you can file a third-party personal injury claim. Ultimately, you may have several options for legal recourse following your back injury, so it is important to consult an experienced Salisbury work injury attorney to determine the full breadth of your legal options.

Q: How Much Will It Cost to Hire a Salisbury Work Injury Attorney?

A: When you need legal representation for a back injury claim in Salisbury, M. Reid Acree, Jr., can provide the legal counsel you need without adding to your economic concerns. Our firm takes these cases on a contingency fee basis, so there is no attorney fee unless you win your case. When we do win compensation on your behalf, we only take a percentage of the total amount recovered, and you keep the remainder. There is no fee at all if we are unable to secure compensation for your injury for any reason.

M. Reid Acree, Jr., has successfully handled thousands of work injury claims for clients in Salisbury and throughout the state. Back injuries are particularly debilitating and can pose a host of complex medical issues for victims and financial problems for their families. Whatever your case entails, you can trust our firm to provide responsive legal guidance through every phase of your recovery efforts. Contact us today to schedule a free consultation with a Salisbury work injury attorney you can trust.