North Carolina Workers’ Compensation for Back Injuries

How Our Workers’ Compensation Specialists Can Help with Your Back Injury

At Younce, Vtipil, Baznik & Banks, P.A., workers’ compensation claims are a central part of our practice, which gives us an edge in these complex cases. Our attorneys, David E. Vtipil and Chip Younce, are Board Certified Specialists in Workers’ Compensation Law, demonstrating our skill and experience with work-related injuries. We are dedicated to protecting your rights and demanding the benefits you need after a back injury at work. From filing your initial claim to appealing denied workers’ compensation benefits, we’ll handle every aspect of the process so you can focus on your recovery.

We’ll begin by evaluating your injury, collecting medical records, and gathering other evidence to support your claim. Additionally, we can work to resolve any disputes with your employer or their insurance company. If your employer pressures you to return to work too soon or offers inadequate benefits, we’ll fight for the full value of your claim, including coverage for your medical treatment and lost wages.

We can also assess your case to determine whether a personal injury claim is an option. If someone other than your employer caused your back injury, such as a contractor or equipment manufacturer, you could pursue additional compensation beyond what workers’ comp provides.

Can You Sue for a Back Injury at Work?

In nearly all circumstances, you can’t sue your employer for a back injury at work. Workers’ compensation is a no-fault system, so you don’t need to prove that your employer or someone else caused your injuries to claim your benefits. In exchange for not having to prove fault, the system is set up so that you cannot sue your North Carolina employer for your injury except in very rare circumstances.

While you typically can’t sue your employer for a back injury, you can sue another party if they contributed to your injuries. For example, if your back injury occurred when you got into a car accident while you were performing your job-related duties, you could sue the driver who caused the crash. It’s worth pursuing a personal injury claim because these claims cover losses that workers’ comp doesn’t, such as:

The full amount of your lost income

Reduced future earnings due to an injury or disability

Pain and suffering

Emotional distress

In a personal injury case, you have to prove fault to obtain compensation. Hiring an attorney who has experience with workers’ comp and personal injury cases in North Carolina is the best step you can take to recover fair compensation after a back injury at work.

How to Prove a Back Injury at Work

While you don’t have to prove that someone is at fault for your back injury, you do have to prove that it happened on the job. Proving that your back injury occurred at work requires compelling evidence. These types of evidence can be used in a back injury case:

Doctor’s opinion – A written statement from your treating physician can strengthen your claim. The doctor can explain how your injury occurred, the likely cause, and why your work activities contributed to or aggravated your condition.

Incident reports – If you reported the injury to your employer (do so immediately if you haven’t already), the details in the incident report can help establish the time, place, and circumstances of the accident or repetitive stress that led to your back injury.

Witness statements – Co-workers who saw the accident or can confirm the physical demands of your job may provide statements to support your case. Their observations are often critical in proving the connection between your work and your injury.

Surveillance footage – Video evidence from workplace cameras might capture the accident or show the physical demands of your job, further validating your claim.

Documentation of medical history – Showing that you had no prior back issues or that a pre-existing condition worsened due to your work can help demonstrate a clear connection between your injury and your job.

What Does Workers’ Compensation Cover After a Back Injury at Work?

North Carolina’s workers’ compensation system provides many benefits to injured employees with back injuries, including:

Medical expenses – Workers’ compensation covers all reasonable, medically necessary treatments for your back injury, including doctor visits, surgeries, physical therapy, medications, and diagnostic tests. These benefits help ensure you get the care you need without out-of-pocket costs.
Temporary total disability benefits (TTD) – If your back injury prevents you from working temporarily, you may receive partial replacement benefits. In North Carolina, these benefits typically amount to two-thirds of your average weekly wages, subject to a statewide cap.
Temporary partial disability (TPD) – If you can return to work but earn less because of your injury, TPD benefits help bridge the gap between your pre-injury wages and your reduced earnings.
Permanent partial disability (PPD) – If your back injury results in a lasting partial impairment, you may qualify for PPD benefits. These benefits are calculated based on the severity of your injury and the body part affected.
Permanent total disability (PTD) – Severe spinal injuries that leave you with paralysis of both arms, both legs, or your trunk may qualify you for PTD benefits for life.
Vocational rehabilitation – If your injury prevents you from returning to your previous job, workers’ compensation may pay for vocational training or job placement assistance to help you find a new job.

Types of Work-Related Back Injuries

Work-related back injuries in North Carolina come in many forms, including:

Herniated discs – Lifting heavy objects, twisting awkwardly, or repetitive strain can cause a disc in your spine to slip or rupture. Herniated disc injuries often lead to intense pain, numbness, or weakness in your back or legs.
Sprains and strains – Overstretching or tearing ligaments, muscles, or tendons in the back is common in physically demanding jobs. These injuries often result from improper lifting techniques or sudden, forceful movements.
Fractured vertebrae – A fall from a height, a workplace vehicle accident, or a heavy object striking the back can cause spinal fractures. These injuries are serious and may require surgery or extended recovery periods. In the worst cases, spinal fractures can cause partial or complete paralysis.
Degenerative disc disease – Repetitive stress or prolonged periods of heavy labor can accelerate the natural wear and tear on spinal discs, leading to chronic pain and mobility issues.
Sciatica – Compression of the sciatic nerve, often the result of lifting injuries or long-term improper posture, can lead to pain radiating from the lower back to the legs.
Soft tissue injuries – Minor tears, bruises, or inflammation in the muscles or tissues of the back can result from repetitive motion or minor impacts. While less severe than other back injuries, they still require treatment to prevent symptoms from getting worse.

Common Causes of Back Injuries in the Workplace

Many back injuries at work occur through these types of incidents:

Lifting heavy objects without proper technique or equipment
Slips, trips, and falls on uneven or slippery surfaces
Workplace vehicle accidents, such as forklift or delivery truck crashes
Falling from heights, such as ladders or scaffolding
Using malfunctioning or improperly maintained equipment

Get in Touch with Our Workers’ Compensation Specialists

North Carolina employers routinely dispute workers’ compensation claims to keep injured employees from claiming their rightful benefits. Our Raleigh workers’ compensation lawyers have decades of legal experience we can call on to help you seek fair compensation. We’ve recovered significant awards for our clients so they have the resources they need to meet their daily needs. Our many success stories include helping a crime scene investigator secure compensation for his denied lower back injury claim. Another one of our clients had this to say:

“These guys are great, especially David. They are friendly, professional & down to earth. I can’t think of anything negative to say about them. They are very good at what they do.” – Bennie

Your initial consultation is free, so call Younce, Vtipil, Baznik & Banks, P.A. now or reach out online to learn more.

Workers’ Compensation for Back Injuries in North Carolina