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workers comp pay for overcompensation injuriesHow Can Our Workers’ Compensation Specialists Help You?

From collecting valuable evidence to advocating for you, an experienced workers’ compensation attorney knows how to build a strong case for your overcompensation injury claim. Here are some ways the team at Younce, Vtipil, Baznik & Banks can help you:

  • Collecting medical records and expert opinions – Your attorney will gather all relevant medical records from your treating doctors to establish a clear connection between your original injury and the overcompensation injury. They might also consult medical experts to obtain a written causation opinion explaining how the secondary injury developed.
  • Coordinating with your healthcare providers – Your lawyer can communicate directly with your doctors to ensure your medical reports include key details. They might request specific documentation, such as treatment timelines, symptoms, and the impact of your altered body movements, to strengthen your claim.
  • Negotiating with the insurance company – Your attorney will handle negotiations with the workers’ comp insurer and present evidence to support your claim. They will challenge any attempts by the insurance company to deny or minimize your benefits and advocate for the maximum compensation you deserve.
  • Representing you at hearings or appeals – If your claim is denied or disputed, your attorney will represent you in hearings before the NCIC. They will present evidence, call witnesses, and cross-examine the insurer’s representatives to prove the validity of your claim. After the hearing, they will depose the medical experts needed to prove your claim.

Why Choose Younce, Vtipil, Baznik & Banks for Your Workers’ Comp Injury?

If you’ve suffered an overcompensation injury at work in North Carolina, the team at Younce, Vtipil, Baznik & Banks can help you pursue the benefits you deserve. Over the last 24 years of serving North Carolina, our firm has built a strong track record of success in handling workers’ compensation claims.

We have secured favorable outcomes for our clients in hundreds of workers’ comp cases like Colvin v. Wake County, 712 S.E.2d 746 (N.C. Ct. App. 2011) where we overcame a denial of benefits for continuing low back treatment and wage loss. In Gutierrez v. Coast Personnel Services, we won benefits for a worker where an employer wrongfully claimed the employee refused suitable work.

Two of our attorneys, David Vtipil and Chip Younce, are Board Certified Specialists in Workers’ Compensation Law. Mr. Vtipil has been named among the nation’s Top 100 Injured Workers’ Attorneys and has been selected for inclusion in The Best Lawyers in America in the field of Workers’ Compensation Law. Attorneys Joe Baznik and Ross Weatherspoon also spend most of their practice time representing clients in workers’ compensation cases. Both Joe and Ross are fluent in English and Spanish.

Our team provides personal attention and clear communication throughout your case. Our state-of-the-art case tracking system ensures you stay informed every step of the way. And with fluent English- and Spanish-speaking staff, we make it easy for you to communicate your needs.

See what our past clients have to say about how we’ve helped them during challenging times:

“Mr. Baznik handled my workers compensation case and stayed well ahead of it. Always keeping me informed and going the extra mile for my needs. I’m so glad I chose to call Joe Baznik and will use his team again if I ever need an attorney.”

— Jon Connell

“The entire staff made me feel welcomed. They worked hard to ensure they had everything they needed for my case. I would definitely refer them.”

— Nicole Jones

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Will I Be Compensated for Injuring Another Part of My Body as a Result of Overcompensating for My Original Work Injury?

Workers’ compensation in North Carolina can cover the original injury and any additional injury resulting from overcompensation. Medical documentation and/or testimony is usually necessary to pursue a claim for overcompensation.

North Carolina law considers secondary injuries that are a “direct and natural result” of the initial work injury to be part of the same claim. “The basic rule is that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury.” Shoemaker v. Creative Builders, 150 N.C. App. 523, 529, 563 S.E.2d 622, 625 (2002). “[T]he aggravation of an injury or a distinct new injury is compensable ‘[w]hen the primary injury is shown to have arisen out of and in the course of employment, every natural consequence that flows from the injury arises out of the employment, unless it is the result of an independent intervening cause attributable to claimant’s own intentional conduct.’” Heatherly v. Montgomery Components, Inc., 71 N.C. App. 377, 379-80, 323 S.E.2d 29, 30 (1984). This means you could receive compensation for the new injury if it stems from overcompensating due to the first injury.

For example, let’s reexamine the example scenario involving you injuring your right knee at work and then relying more heavily on your left knee during recovery. In this scenario, any resulting pain or damage you sustain from the overreliance on your left knee should qualify for workers’ comp benefits. To support your case, you would need medical evidence that the secondary injury is a direct and natural result of the original one. This should include a clear causation opinion from your doctor.

How Do I Show That My Injury for Overcompensating Is Related?

A workers’ compensation attorney can play a key role in helping you prove that your overcompensation injury is linked to your original work injury. First, they will gather strong medical evidence, such as detailed reports from your treating physician. These reports should explain how the original injury led to the overcompensation and the resulting secondary injury. Your attorney might also request a formal causation opinion from your doctor to connect the injuries.

Next, your attorney will submit all necessary claim documentation on time and handle communication with the workers’ comp insurance adjuster. If the insurer denies your claim, your attorney can represent you in hearings before the North Carolina Industrial Commission (NCIC). They will present medical records, examine fact witnesses, and depose the expert witnesses to show that your secondary injury is a direct and natural consequence of your initial work injury. The doctors are almost always deposed after the hearing, and the transcript of their testimony is submitted to the Deputy Commissioner. The Deputy Commissioner will then consider that evidence along with briefs submitted by the lawyers.

What Is an Overcompensation Injury?

An overcompensation injury occurs when an injured person places extra strain on other parts of their body to avoid using the injured body part. For example, if you injured your right knee at work, you might shift more of your weight onto your left knee while recovering. Over time, this imbalance can cause additional pain or injury to your left knee, hip, or lower back.

Overcompensation injuries often affect joints, muscles, and ligaments in the shoulders, wrists, hips, and back. These injuries can happen anywhere, not just at work, as you unconsciously adjust your movements to avoid pain and re-injury.

What Benefits May I Qualify For?

If you get hurt on the job in North Carolina, workers’ compensation benefits can provide financial and medical support to help you recover and manage your daily needs. These benefits may include the following:

Medical Benefits

Workers’ comp covers all medical treatments related to your workplace injury that may reasonably be required to effect a cure, give relief and/or tend to lessen the period of disability. N.C. Gen. Stat. § 97-2(19) This includes doctor visits, surgeries, hospital stays, prescription medications, and physical therapy. In addition, workers’ comp reimburses your travel expenses for medical appointments.

Temporary Total Disability Benefits

If your injury disables you from working while you recover, you could qualify for temporary total disability (TTD) benefits. These benefits are two-thirds of your average weekly wage, with a maximum limit set by North Carolina law each year. TTD benefits are only available after a seven-day waiting period, but if your disability lasts more than 21 days, you can retroactively claim compensation for the first seven. N.C. Gen. Stat. § 97-29

Temporary Partial Disability Benefits

If you can return to work but earn less than before your injury due to reduced hours or lighter duties, you could qualify for temporary partial disability (TPD) benefits. The amount of TPD will be two-thirds of the difference between your pre-injury wages and what you are able to earn with the disability caused by all of your injuries. N.C. Gen. Stat. § 97-30

Permanent Partial Disability Benefits

If your doctor determines that you have a lasting impairment after you reach maximum medical improvement (MMI), you could qualify for permanent partial disability (PPD) benefits. The amount for PPD will depend on the body part affected, the permanent partial disability rating the doctor assesses to that body part, and the amount of your compensation rate (two-thirds of your pre-injury average weekly wage). N.C. Gen. Stat. § 97-31

Permanent Total Disability Benefits

For the most severe injuries, permanent total disability (PTD) benefits can provide lifelong financial support. Qualifying injuries include the loss of both eyes, hands, legs, arms, or feet, severe brain injuries, or paralysis caused by spinal injuries.

Younce Vtipil Baznik & Banks personal injury law team

Contact Our North Carolina Workers’ Compensation Specialists for Help

If you suffered an overcompensation injury at work, don’t face the workers’ compensation process alone. The team at Younce, Vtipil, Baznik & Banks is ready to help you pursue the benefits you need for your recovery. Call us today at (919) 661-9000 for a free initial consultation with a workers’ comp injury attorney. Let us help you understand your options and take action to protect your rights.

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