Workers’ Comp Payment for Secondary Injuries

Let’s say you are hurt on the job. You tear your shoulder while lifting a large box overhead.

Worker’s compensation doctors say you’ll need a shoulder operation and you should be good as new. Your company’s workers’ comp insurance agrees to pay for the operation, all medicines, medical treatments, and any therapy resulting from that shoulder injury.

You breathe a sigh of relief.

But a few weeks later, that sigh of relief is interrupted. You’re having trouble breathing. A lot of trouble. Your wife calls 911, and an ambulance rushes you to the hospital. There’s a blood clot in your lung. If the doctor determines this clot was likely the result of your shoulder surgery (a known risk of any surgery), workers’ compensation insurance should be responsible for paying all medical expenses related to the blood clot, too.

Seems black and white.

Yet unfortunately, these situations are not always black and white. They can often be grey. Very grey. We’ve found that some insurance companies may deny payment of these common complications, which will leave you – the injured worker who just wants to heal and go back to work – in the red. Paying bills out of pocket or just not able to afford the care the doctor says you need.

It can be very difficult to prove that a secondary injury is a result of an initial workplace accident. An experienced workers’ compensation attorney at James Scott Farrin can help you fight fot the compensation you may be entitled to.

 

Denials and Delays! Why You May Need a Workers’ Comp Lawyer

Proving that secondary injuries are the result of the initial workplace injury can be particularly tricky. Especially for someone who is not familiar with workers’ compensation law.

Some insurance companies may question secondary injuries or delay payment. If they get their way, this strategy could potentially save them money.

Moreover, the law allows the workers’ comp insurance company to pick your doctors. If you’re not comfortable with that doctor’s diagnosis, you have the right to request a second opinion from a doctor you and the insurance company agree on. But sometimes we have had cases where we’ve had to fight tooth and nail for clients to exercise that right.

And then there have been cases where we’ve seen the insurance adjuster stand in the way of authorizing treatment. Sometimes treatment can be delayed or may not get paid on time or appropriately. Prescriptions may not be reimbursed, so some of our clients have had to pay for prescriptions or expensive equipment out-of-pocket. Some began to spiral into debt trying to keep up with medical bills. Until they hired us, many didn’t realize these secondary medical expenses, which were directly related to the initial workers’ compensation injury, are typically covered by workers’ compensation.

Life can careen out of control quickly just trying to keep up with medical bills, let alone arguing with your insurance company day after day.

Let us do the arguing for you. It doesn’t matter what type of injury you have, we have probably dealt with it. As a matter of fact, these secondary issues have often been some of the most hotly contested litigation during my career in workers’ compensation law.

Life can be difficult after a work injury. Let a lawyer argue for you.

Can You Afford a North Carolina Job Injury Attorney?

Don’t worry if you think you may not be able to afford us. We work on contingency, which means that you don’t pay any attorney’s fee unless we get you compensation.2

Take the first step toward taking your life back. The link will take you to our short but empowering booklet, How to Take Control of Your NC Workers’ Comp Claim (before it controls you).

Get Your Case Evaluated for FREE by North Carolina Workers’ Comp Attorneys

Let one of our experienced workers’ comp attorneys evaluate your situation for free. They’ve authored books, spoken at seminars for other workers’ compensation attorneys, and several are North Carolina State Bar Board Certified Specialists in workers’ comp law— which is something less than 1% of the 30,000+ attorneys3 licensed to practice in NC can say.

In fact, our firm was recognized by U.S. News – Best Lawyers® on the “Best Law Firms” list for workers’ compensation for the greater Raleigh area4 in 2022. Contact us online or call 1-866-900-7078. We’re available 24/7 to try to get you the answers you need.

3Figure provided by the N.C. State Bar as of February 2021.
4For more information regarding the standards for inclusion for Best Law Firms and Best Lawyers, visit www.bestlawyers.com.

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Road Debris – Who Pays for Your Damages?

A colleague of mine was hauling one of those large plastic toddler playhouses in the back of her truck recently, when suddenly the roof of the house blew off right onto the roadway, causing traffic behind her to swerve into other lanes to avoid crashing into the roof. She pulled over and retrieved the runaway roof, thankfully avoiding injury to herself or other drivers.

The incident prompted a conversation about injuries and accidents from escaping debris. Who is responsible? What role does insurance play? And just what would have been the legal consequences to my colleague if that roof had caused an accident and injury in North Carolina? Points on her license? A fine? Traffic court? Jail?

Road Debris Causes Numerous Crashes Says AAA

A AAA Foundation for Traffic Safety study in 2016 found that unsecured loads falling off cars and trucks have been blamed for more than 200,000 crashes on U.S. roads between 2011 and 2014. There were 39,000 injuries and more than 500 deaths from those incidents during that time.

More than a third of those deaths occurred because drivers swerved to avoid the debris.

Roadway debris can be a serious matter. One of our clients was severely injured in a life-altering way because of roadway debris.

The AAA Foundation for Traffic Safety found that over 200,000 crashes on US roads over a 4 year period were due to unsecured loads falling off cars and trucks. If you have been injured by another’s negligence in securing a load, call us today.

What NC Law Says About Debris on NC Roads

Drivers responsible for creating road debris can face fines in every U.S state. All 50 states have laws that make unsecured loads illegal, according to AAA, with fines that range from $10 to $5,000. North Carolina’s fines are capped at $100.

North Carolina says you must properly secure all items on a vehicle. If you don’t and you cause an accident, you may be held liable. Specifically, NC law states:

“No vehicle shall be driven or moved on any highway unless the vehicle is constructed and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking, or otherwise escaping therefrom, and the vehicle shall not contain any holes, cracks, or openings through which any of its load may escape.”

Legal penalties for infractions are determined by the degree of the infraction. It could be a misdemeanor or a felony, depending on the degree of willful negligence.

Will Auto Insurance Cover Road Debris Accidents?

But what about auto insurance? Will it pay for your damages or injuries if you crash as a result of running into or trying to swerve from road debris? In many instances, yes.

Crashing Into an Object

If your vehicle is damaged from running into or running over an object in the road, then your collision coverage should most likely pay for repairs.

Flying Objects That Land on Your Car

If the object flies through the air and hits your car, then your comprehensive coverage may come into play.

Personal Injury

If you or a passenger are injured, personal injury protection or medical payments would likely pay for treatment of injuries.

Getting the At-Fault Driver to Pay

If the accident was the result of someone failing to secure a load, you may be able to make a claim against the other driver’s liability insurance.

It’s always prudent to file a police report, which can help establish the facts for your insurance claim.

Road debris safety tips including hit the debris instead of swerving

Road Debris Safety Tips

If You Are Driving

  • Try to look farther than two or three cars ahead, so you potentially have time to change lanes before you reach a hazard.
  • In many instances it can be safer to hit the debris than to swerve to try to avoid it. (Remember that more than a third of road debris deaths occurred from swerving.)
  • If you’re on a roadway at night (and it’s not foggy and there’s no traffic), drive with your high beams on so you can potentially spot debris in the road.
  • Call 911 to report hazards in the roadway.

If You Are Carrying a Load

  • Properly secure the load on your vehicle. Test your cargo before you leave. If it moves, secure it better.
  • If you lose something, pull to the side of the road where it is safe and call 911. Keep your seatbelt fastened until help arrives.

Get Free Advice From Experienced NC Road Debris Lawyers

Proving liability can be tricky because North Carolina laws on road debris can be vague and leave lots of room for interpretation. Based on our experience in fighting the insurance companies for compensation for damages and injuries, we strongly advise getting an experienced roadway debris lawyer.

If you have been injured by roadway debris, contact us or call 1-866-900-7078. Our experienced auto accident lawyers will evaluate your case for FREE.

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It is important to know the school bus laws that are put in place to protect you and those around you. If you or your child were injured in a school bus related accident, < a href=”tel:1-866-900-7078″>call the Law Offices of James Scott Farrin today.
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