Maximizing North Carolina Workers’ Compensation Benefits After a Back Surgery

A work-related back injury can be life-changing, especially when it requires surgery. Whether it’s a herniated disc repair, spinal fusion, or decompression surgery, recovering from a back procedure can be a long and challenging process.

Many injured North Carolina workers worry about lost wages, mounting medical bills, and their ability to return to work. Fortunately, North Carolina’s workers’ compensation system provides benefits to help cover medical treatment, wage replacement, and long-term disability needs—but maximizing these benefits can be difficult without legal guidance.

At Ramsay Law Firm, our Charlotte workers’ compensation attorneys fight to ensure injured workers receive the full benefits they are entitled to after back surgery. Here’s what you need to know about protecting your rights and maximizing compensation.

Understanding Workers’ Compensation Benefits After Back Surgery

If you undergo back surgery due to a workplace injury, you may be entitled to the following workers’ compensation benefits in North Carolina:

• Medical Coverage – Workers’ compensation should cover the cost of surgery, hospitalization, rehabilitation, physical therapy, and necessary medications.
• Temporary Total Disability (TTD) Benefits – If your injury prevents you from working for an extended period, you may receive two-thirds of your average weekly wage while you recover.
• Permanent Partial Disability (PPD) Benefits – If your back injury results in permanent impairment, you may be entitled to ongoing disability payments based on your level of impairment.
• Vocational Rehabilitation – Workers’ compensation may provide job retraining or education assistance if you cannot return to your previous job.

However, insurance companies often attempt to minimize payouts or dispute claims, so understanding how to maximize your benefits is crucial. We can help.

Steps to Maximize Your Workers’ Compensation Benefits in North Carolina

Navigating the workers’ compensation system after back surgery can be overwhelming, especially when dealing with insurance companies that may try to minimize your claim. To ensure you receive the full benefits you’re entitled to, you must take proactive steps throughout your recovery and claim process.

They include:

• Seek Immediate and Ongoing Medical Treatment

Following a back injury, it is critical to report the injury immediately and seek medical treatment. The insurance company may try to argue that your injury isn’t work-related if you delay care.

After surgery, follow your doctor’s treatment plan and attend all follow-up appointments, physical therapy sessions, and rehabilitation programs. Failing to comply with medical advice could give the insurer grounds to reduce or deny benefits.

• Ensure Your Injury Is Properly Documented

Medical documentation is one of the most critical factors in a workers’ compensation claim.

Your medical records should:

• Link your back injury to a work-related incident.
• Detail the severity of your injury and the need for surgery.
• Outline any functional limitations or work restrictions.

Your doctor may assign you an impairment rating after your surgery, determining your eligibility for long-term disability benefits. If your impairment rating seems too low, you may have the right to seek a second medical opinion.

• Understand Your Disability Rating and Its Impact

Once you’ve reached maximum medical improvement (MMI)—the point where further recovery is unlikely—your doctor will assess any permanent impairment to your back.

North Carolina uses a rating system to determine the extent of permanent disability, which affects your long-term benefits. You can request an independent medical evaluation (IME) if you disagree with the rating.

• Don’t Settle Too Early

Insurance companies may pressure injured workers into accepting a quick settlement before the full impact of their injury is known. However, once you sign an agreement for a final workers’ compensation settlement, you typically cannot request additional benefits later—even if complications arise.

Our experienced Charlotte workers’ compensation attorney can evaluate your case to ensure you receive the full amount you are entitled to before signing any agreements.

• Consider Additional Benefits or Third-Party Claims

In some cases, workers’ compensation benefits alone may not be enough. If your back injury resulted from a defective piece of equipment, a negligent subcontractor, or an unsafe work environment, you may have a third-party liability claim in addition to your workers’ compensation case.

A successful third-party lawsuit can help recover damages for:

• Full lost wages (not just two-thirds).
• Pain and suffering (which workers’ compensation does not cover).
• Future medical costs beyond what workers’ comp will pay.

How Ramsay Law Firm Can Help Maximize Your Workers’ Compensation Benefits

At Ramsay Law Firm, we understand how insurance companies try to limit workers’ compensation benefits, especially for severe injuries requiring back surgery.

Our Charlotte workers’ compensation attorneys:

• Ensure all medical records and evidence fully support your claim.
• Fight against denied claims, delays, and reduced disability ratings.
• Negotiate for maximum benefits, including long-term disability compensation.
• Identify potential third-party claims for additional compensation.

If you’ve had back surgery due to a workplace injury, don’t let the insurance company shortchange you. Let our experienced legal team fight for your rights. Contact our Mecklenburg County workers’ compensation attorneys at 704-376-1616 or online for a free consultation.  A Voice For The Injured.  Here Every Step of The Way.