Charlotte Shoulder Injury Lawyer

Workers can face a painful ordeal when they are injured on the job. North Carolina’s Workers’ Compensation Act aims to protect them, justly compensating for injuries, medical costs, and lost wages. If you are hindered in getting the compensation you deserve, you need a Charlotte shoulder injury lawyer. 

Common Types of Shoulder Injuries at Work

Shoulder issues are among the top three injury types that workers can experience, affecting not only blue-collar workers but also those in office and retail settings. Some of the most common injuries include rotator cuff tears, fractures, and dislocations. An injured shoulder can cause pain, swelling, and limit your movement. This can severely disrupt your daily life and make simple tasks difficult. 

In 2023, private industry employers reported 68,600 nonfatal workplace injuries and illnesses that resulted in 40,900 cases with days away from work. It is beneficial to hire a shoulder injury lawyer when you suffer a workplace injury.

What Workers’ Compensation Covers

Workers’ compensation is designed to provide financial support for these areas: 

• Medical care. Your benefits should fully cover all medical treatments for your shoulder injury. This coverage lasts until you’re fully healed or reach “maximum medical improvement” (MMI), which means further treatment won’t significantly improve your condition. 
• Lost wages. If your injury keeps you completely out of work while you recover, you can receive temporary total disability (TTD) benefits, which are two-thirds of your average weekly wage. If you can return to work but in a reduced capacity, temporary partial disability (TPD) benefits can cover a portion of the difference between your pre-injury and post-injury income. 
• Permanent disability. If your injury results in a lasting limitation, you may be entitled to permanent partial disability (PPD) benefits. The amount is based on the severity of your injury and its impact on your ability to work. If your injury completely prevents you from working, you could be entitled to permanent total disability (PTD) benefits, which may be for life. 

Potential for Third-Party Personal Injury Claims

While most shoulder injury cases don’t allow for suing your employer, you may still be able to bring a personal injury claim against a third party. A third party is any person or entity other than your employer or a direct coworker whose negligence caused your injury. 

For example, if you’re injured in a work-related car accident, you might have a strong case against the driver who was at fault. If your injury occurred while you were using a piece of equipment that malfunctioned due to a manufacturing defect, you could potentially file a product liability claim against the manufacturer of that equipment under NC shoulder injury laws.

A third-party personal injury claim is different from a standard workers’ compensation claim. The key distinction is that to win a third-party claim, you must be able to prove that the other party was at fault or negligent. The damages you may receive from a personal injury claim include the full amount of your lost wages, compensation for your pain and suffering, damages for emotional distress, and reimbursement for damaged personal property. 

Getting Workers’ Compensation for Shoulder Injuries in Charlotte

Back injuries are often covered by workers’ compensation almost automatically in North Carolina. Even if they occur during routine duties, securing coverage for shoulder injuries can be more of a challenge. 

North Carolina’s laws differ significantly for injuries to other parts of the body. This is due to the IBA (Injury by Accident) rule for shoulders. For example, if you develop a hernia while lifting a box onto a high shelf, your workers’ compensation claim may likely be accepted because it is a back injury, even if lifting boxes is a normal part of your job. If you injure your shoulder doing the exact same task, your claim may be denied. 

These cases are often complex and require detailed knowledge of the current state workers’ compensation laws. If you sustain a shoulder injury at work, it is vital that you speak with an attorney as soon as possible. A Charlotte lawyer understands how to handle your case from the start to ensure you receive the proper and just coverage you deserve. 

About M. Reid Acree Jr., Attorney at Law, P.A.

The law firm of M. Reid Acree Jr., Attorney at Law, P.A., is dedicated to handling work-related injuries and occupational diseases such as asbestosis, lung cancer, and mesothelioma. After practicing defense law for ten years, he decided to shift his focus to representing injured and sick workers who have not been treated fairly. 

Reid Acree, Jr. is committed to providing compassionate and effective representation to these individuals with the goal of making a real difference in their lives. He is familiar with court operations in Charlotte. Personal injury cases in Mecklenburg County are primarily handled by state courts under North Carolina’s judicial system. The specific court depends on the amount of damages claimed and the case’s complexity.

FAQs

Q: Do I Really Need a Lawyer for a Shoulder Injury Claim?

A: For an injury, it is highly recommended that you hire a shoulder injury lawyer who can help you determine fair compensation, negotiate with insurance companies, and handle all the difficult legal procedures that can come with it. Especially as you are recovering from your injury, having the extra legal support is invaluable. 

Q: What Is the Statute of Limitations for a Shoulder Injury Claim in NC?

A: The statute of limitations for a shoulder injury claim in North Carolina may depend on whether it is a personal injury claim or a workers’ compensation claim. If it is a personal injury claim, you have three years from the date of the injury or from when the injury was discovered. If it is a workers’ compensation claim, you have two years from the date of the injury to file. 

Q: What if My Workers’ Comp Claim Is Denied?

A: If your workers’ compensation claim is denied, you should appeal the decision with an attorney by your side. The process may involve mediation to try to settle the dispute, and if that fails, your case can move to a formal hearing before the NC Industrial Commission’s Deputy Commissioner, and if it is still denied, you can appeal to the Full Commission.

Q: Can I Pursue Both Workers’ Comp and a Personal Injury Claim?

A: Yes, in North Carolina, you can pursue both a workers’ compensation claim and a personal injury claim, but typically only if your work-related injury was caused by a negligent third party. It is recommended that you hire a shoulder injury lawyer who can review your case and help you decide what your legal options are. 

Get the Compensation You Deserve After a Shoulder Injury

Dealing with a shoulder injury is tough enough without having to fight for your compensation. When you hire a Charlotte shoulder injury attorney, you get an experienced advocate to fight for the benefits you deserve. Contact our team right away.