Finger and hand injuries are all too common in the workplace. According to Occupational Health and Safety and data from the US Bureau of Labor – “Of the 286,810 non-fatal occupational injuries to upper extremities in 2018 involving days away from work in private industry, 123,990 involved hands, which is more than 43 percent.”  Human hands have 27 bones and 30 muscles – so there’s a lot that can go wrong. 

According to Industrial Safety and Hygiene News, almost 30% of workplace injuries are due to cuts and lacerations – and about 12% of those injuries involve the hands. While hand injuries may not be as life-threatening as other injuries like head trauma, hand injuries require a lot of medical care and often require that workers take substantial time off from work to treat their injuries. In some cases, the injuries may be so severe that the injured worker may be unable to return to his or her pre-injury occupation. 

As of the 2012-2013 fiscal year, claims for hand, finger, and wrist injuries (according to the National Safety Council) averaged $22,384 per claim. This figure includes payments for missed days, the medical bills, and the time a business is shut down for OSHA investigations or local safety bureau investigations.

ISHN states that about 70% of injuries are due to workers not wearing gloves that are right for the type of work being done. For example, electricians should consider gloves that reduce resistance, are resistant to punctures, “protect from arc flash,” and still allow the electrician to manipulate small parts. Construction workers might want to focus on “back-of-hand protection and vibration-dampening palm padding.” Employers should provide the correct gloves for their workers.

Common types of finger injuries

Finger and hand injuries that can result in lost time from work include:

• Lacerations. While many cuts are minor and heal in a short time, some cuts may become infected. Some cuts may damage the nerves, tendons, or other parts of the anatomy. In severe cases, surgeries may be required.
• Fractured bones. If one or more of the 27 bones in the hand break, they normally require immobilization. If the fractures are compounded or there are other complications, surgery may be needed.
• Injured nerves. Nerves can be damaged due to cuts, breaks, or crushing accidents. Injured nerves, even with surgery, may never fully heal. Some workers live with chronic hand or finger pain.
• Amputation. In the worst cases, a finger, part of the finger, or more than one finger/thumb may need to be amputated which can directly affect the worker’s ability to return to work – since most jobs require some type of input from the hand or fingers.

According to Chesapeake Hand and Shoulder, tendon injuries are a common hand injury. Tendons are tissue that attach the muscles to the bones. Examples of tendon injuries to the hand include:

• Tendonitis. This is an inflammation or irritation of the tendon. It’s often due to repetitive movements. It should be noted that other than carpal tunnel syndrome, injuries that occur due to repetitive motion over time are NOT compensable in Virginia or North Carolina. 
• Extensor tendon injuries. These happen when the tendons at the rear of your fingers and thumb are “torn, cut, or detached.” “These tendons allow your fingers and thumbs to straighten and perform movements but can become injured due to trauma or arthritis. 
• Flexor tendon injuries. These injuries happen “when the flexor tendons attached at the palm side of your fingers and thumb get cut or ruptured. These tendons allow your finger and thumb joints to bend, grasp, and perform fine coordinated movements.”
• De Quervain’s syndrome. This is a common type of overuse injury that can restrict your function and mobility. Again, overuse or repetitive use injuries are generally non-compensable. 
• Trigger Finger/Trigger Thumb. This injury happens when the “tendons in the thumb or fingers do not glide smoothly. It causes the tendons to catch or get trapped when the fingers or thumb bend, making it difficult to straighten them back out.”

Burn injuries to fingers and hands are also quite common. Other types of finger and hand injuries include bruises, strains, dislocations, sprains, and carpal tunnel syndrome.

What are the causes of fingertip, finger, and hand injuries?

Injuries to the fingers and hands can happen in almost every type of work that requires repetitive movements. Finger and hand injuries are quite common when workers work with any type of machinery (especially moving machinery) or work with sharp objects such as knives, needles, and syringes.  Picking up any type of hot object, working with stoves or other heat devices, and being near hot liquids are also dangerous for your fingers and hands.

Some of the professions where finger and hand injuries are common include:

• Industrial workers
• Construction workers
• Electrical workers
• Restaurant workers
• Workers in the medical profession
• Agricultural workers
• Autoworkers including auto mechanics
• Carpenters/Woodworkers

Treatments for fingertip, finger, and hand injuries

The treatments depend on the type of injury and the severity of the injury. Injured workers may require surgery which is often performed either by a hand specialist or an orthopedic surgeon. After surgery or instead of surgery, workers often need to treat with physical therapists and pain management doctors. Cortisone steroid shots may be provided. Medications such as anti-inflammatory medicines may help. Workers may need to use a brace or some method to stabilize the fingers and protect the hand during the healing process. Workers may need to learn to use voice-activation on their computer if they can’t type.

Even if the injured worker returns to work after a hand or finger injury, he or she may still be entitled to some pay for permanent partial impairment  in the particular body part where the injury occurred. Any additional payout would be based upon a permanency rating that is given by your doctor. 

Each state has laws that set forth a number of weeks of compensation for the complete loss of each digit of each hand, and also a rating on the hand itself if the injury does not involve a finger or the thumb. In Virginia, the ratings are set forth at VA Code Section 65.2-503 (B) and are as follows for the fingers and thumb and are compensated at 2/3rds of the average weekly wage of the injured worker: 

Our skilled North Carolina and Virginia worker’s compensation lawyers have been strong advocates for injured employees for more than 31 years. We work with your medical team to fully understand your injuries, what treatments you need, how long you need for the treatments, and what functional use of your fingers and hands you’ll have (or won’t have) when the treatments are complete. We demand compensation for your rightful share of lost wages and payment for all your medical expenses. If you have a permanent disability, we demand additional compensation. To make an appointment, call lawyer Joe Miller, Esq., at 888-667-8295. or fill out my online contact form. Injured or ill workers in North Carolina and Virginia can also use our New Electronic Case Review. 

This is the second part of our discussion on the use of pain scale tests in North Carolina and Virginia workers’ compensation cases. As a reminder, pain scales are a way that doctors and others interested in your workers’ compensation case try to measure your pain. The results of pain scales test can affect your right to continued treatment and other work injury rights, such as pain management treatment.  

Pain scale tests are “self-reporting.” This means they’re easy to administer and are generally clerical in nature. Most patients just use a pen or marker and respond to questions on a written sheet of paper. The scales can confirm a worker’s injuries. The scales can also help show if a worker isn’t credible. 

The results may be compared to objective tests. The results may also be compared to prior pain scale tests which means workers need to be extra-careful to given honest answers. The doctors and your employer will look for inconsistent answers.

We discussed many of the pain scale tests in part one of this discussion. Here are a few more common pain scale tests.

The McGill Pain Questionnaire

According to Pain Scale, the McGill Pain Questionnaire (MPQ):

• Is a subjective test that attempts to measure the quality and intensity of your pain.

• There are three general categories:
  • Sensory. This part of the MPQ focuses on how you feel at this moment – the moment you answer the question. Different descriptors can be used. Points are awarded depending on which descriptor you select.
  • Affective. “Affective descriptors are used to understand how an individual’s pain changes with time.” “The MPQ asks about how alcohol, stimulants, depressants, exercise, and weather affect an individual’s pain levels. It also goes more in-depth to decipher if distraction lessens the pain.”
  • Evaluative. There are six questions such as “What word describes your pain right now?” or “Which word describes your pain at its worst?”. Workers/patients who say mild get one point. Workers who say their pain causes discomfort are assigned two points – and so on.
• Uses 78 words to describe your pain. Different point values are given to different words.
• The questions are divided into 20 different categories including:
  • Temporal
  • Spatial
  • Constrictive pressure
  • Thermal
  • Brightness
  • Dullness
  • Tension
  • Autonomic

• Is used to treat and monitor pain – and for other reason.

• Was developed at McGill University in Montreal, Canada.

Pain, Enjoyment and General Activity Scale (PEG)

Another common pain scale test is the Pain, Enjoyment and General Activity Scale (PEG). Pain scales are used to help assess the severity of your pain, whether treatments are working, and what types of other treatments may be needed. Pain scales such as the PEG scale are sometimes used to help determine whether you have a permanent impairment and/or whether and how your pain should be categorized according to American Medical Association guidelines.

How does the PEG scale work?

There are three pain-related questions:

1. What number (a range is given from 0 to 10) describes the intensity of your pain – during the prior week? If you answer 10, you’re stating that you experienced a lot of pain during the period week. A 5 indicates a moderate amount of pain. A 0 means you didn’t experience any pain.
2. What number describes how much your pain (during the prior week) interfered with your ability to enjoy your life. A high number indicates that the pain prevented you from doing the things you enjoyed such as walking and enjoying your family. A low number indicates minimal or no interference.
3. What number (again with reference to the prior week) describes how your pain impacted your “general activity.” General activity suggests doing the things you enjoy and also the things you have to do (like taking out the trash or other errands) even if you don’t enjoy them. General activity can also include essential activities like eating and sleeping. Again, 0 indicates no impact while a 10 indicates a major impact.

The test is graded by finding the average – adding up the three numbers and then dividing by three.

The PEG test can be answered in your doctor’s office. The test can also be answered on the phone or at your home. The test can be used at different intervals in your recovery. It can also be used for different types of pain. For example, it can be used to determine how well your physical therapy is going. The PEG test can also be used to help your doctor understand how well any prescribed medications are working.

If the numbers aren’t improving, that suggests the rehabilitation isn’t working. So be careful, the employer will look to see if your physical therapy is helping. If therapy isn’t helping, the employer (or the insurance carrier for the employer) may seek to terminate the therapy.

The pain scores should improve after you take the medication and stay stable as you continue to take the prescribed medications.

North Carolina and Virginia workers’ compensation lawyer Joe Miller has been fighting for injured workers for more than 30 years. He works to verify your medical injuries. He fights to ensure the employer doesn’t terminate your right to medical treatment or work loss benefits before you’re healthy enough to return to work. To speak with an experienced workers’ compensation lawyer, call lawyer Joe Miller, Esq., at 888-667-8295 or fill out my online contact form to schedule an appointment. 

Employees in North Carolina and Virginia can also now fill out our New Electronic Case Review. The link is a new way of communicating with clients that we’re offering – to allow workers to contact us remotely during the pandemic.

One of the difficulties in workers’ compensation cases is trying to measure the worker’s pain. Many parts of a medical diagnosis are objective. Disorders can be seen on X-Rays, CT scans, and MRIs. Diseases and other medical problems can be seen when doctors read blood test and other lab test results like stress tests. Medical problems can be confirmed when doctors perform surgeries.

Still, for many types of pain such as chronic pain, the medical disorder is very subjective. In other words, no one except you knows the level of pain that you are feeling on a day-to-day basis. One person may be able to return to work with a severe injury while an employee with a similar injury may need continuing medical rehabilitation or pain management. 

To try to fine-tune how much pain a worker is in, physicians and health care providers often use questionnaires and surveys to analyze the degree of pain a worker has. Workers should review with experienced North Carolina and Virginia work injury lawyers how to prepare for and respond to some of these surveys. 

There are different pain scales for different parts of the body. There are also different pain scales for different injuries and different symptoms. 

What are the types of pain scales?

According to Pain Scale, there are two kinds of pain scales – unidimensional and multidimensional. Some of the common types of scales include the following. These pain scales help when an analysis of pain by objective tests isn’t complete and when pain is expected to vary from patient to patient or worker to worker.

Unidimensional pain scales. These scales focus on the intensity of your pain.

• The Visual Analog Pain Scale (VAPS) and the Numeric Rating Scale (NRS) are discussed later (or in the second part of this topic).
• A categorical pain scale uses visual or verbal descriptors to help workers and patients focus on the level and degree of their pain.
  • Verbal pain scale. The descriptors use words such as “mild,” “moderate,” “severe,” “discomforting,” “distressing” and excruciating,” to describe pain levels. A worker who takes this type of test chooses the adjective/word that best corresponds to the intensity of their pain.
  • Visual pain scale. Here the workers/patients respond to faces that show the level of pain. While they’re often used for children, adults can use them too.

Multidimensional pain scales. These pain scales are less common but often provide a more complete analysis of your pain. We discuss the McGill pain questionnaire in more detail later. The two other types of multidimensional pain scales are:

• Initial pain assessment tool. This survey shows a diagram of the human body. The patient marks where their pain is on the diagram, and then answers “a series of questions regarding the characteristics of their pain, the expressions of their pain, and the effects of their pain on everyday life.”
• Brief pain inventory. This test examines the intensity of pain you felt or experienced over the past 24 hours.

What is the Visual Analog Pain Scale Test?

VAPS is used for workers and other categories of adults. It tries to measure your level of pain. 

The VAPS test, and many other similar tests, usually use a scale from 0 or 1 to 10 or 100. If you have no pain, you enter the lowest number (0 or 1). If your pain is unbearable, you enter the highest number (10 or 100 – depending on the scale). The VAPS scale is displayed on the written page with a horizontal line for the full scale and vertical lines that correspond to the numbers on the scales. 

The VAPS test is simple. There’s just one question and one answer. Workers can either enter a number or just mark the spot on the scale the fits with their amount of pain. For example, if your pain is right in the middle, you’ll answer with a 50 on a 0-100 scale or mark the midpoint of a graph that has the 0 at one end and the highest number at the other end.

What does the score mean?

The VAPS score uses these general guidelines for analyzing the severity of your pain:

• 0-4. No pain.
• 5-44. Mild pain.
• 45-74. Moderate pain.
• 75-100. Severe pain.

These classifications make a difference. They can be used to determine:

• What type of medical treatment you require;
• How long you might reasonably need the treatment
• Whether you can return to work
• Whether you have a permanent disability.

Some of the issues involved with the VAPS scale and other pain scale tests

Workers need to understand that their answer doesn’t exist in a vacuum. Your medical provider will know the results of your imaging tests, lab tests, and any other tests. The doctor will have conducted a physical and oral examination.

If your answer as to your level of pain is not consistent with other tests and reviews, your answer affects your perceived credibility. On the other hand, everyone has different levels at which they respond to pain. The objective tests are generally given much more weight than the answers to surveys and questionnaires.

Patients need to understand issues such as:

• Am I answering how much pain I have – when I’m medicated or when I’m not medicated?
• Am I answering the question – just after I’ve had physical therapy or when I haven’t had physical therapy yet?
• Am I answering these questions relative to other types of injuries or just this injury?

Of course, if your doctor has not ordered the proper kinds of diagnostic testing, then there is no way to match the symptoms to the findings. 

For example, if you should have had a lumbar MRI, but your doctor never ordered one, then your doctor may be unaware that you have a severely herniated disc in your lumbar spine from your work injury. This may lead the therapist or Functional Capacity Evaluator to assume you are exaggerating your symptoms (in other words lying to make yourself look worse) and say so in his or her report. We once had this situation. 

In this particular case, the Functional Capacity Exam evaluator assumed the client was faking when she said she had severe shooting pains as well as numbness down her leg, and severe back pain. He of course stated there was “no objective testing” to support these severe symptoms, resulting in an opinion that she was “malingering,” (i.e. faking), which in turn, lead to a very unfavorable report. 

Fortunately, the client had health insurance which allowed her to “work around” her treating doctor and go to a different physician, who ordered a lumbar MRI, which revealed a herniated disc which required surgery. The client was vindicated, underwent surgery and we ended up obtaining a very good settlement for her. 

North Carolina and Virginia workers’ compensation lawyer Joe Miller has helped thousands of injured workers through the work injury claims process. He does more than assert your legal rights and document your injuries. He guides workers through the tests and strategies that insurance companies  and employers may use to try to limit or deny your claim. To discuss any questions you have about the workers’ compensation process and to speak with a strong advocate, call lawyer Joe Miller, Esq., at 888-667-8295. or use my online contact form to schedule an appointment. 

Employees in North Carolina and Virginia can now fill out our New Electronic Case Review. The link is a new way of communicating with clients that we’re offering – to allow workers to contact us remotely during the pandemic.

Orthopedists are medical specialists who help to correct bone and muscle deformities such as fractures. They treat the musculoskeletal system. Orthopedists are surgeons who also provide a range of non-surgical medical care. Workers often need the help of orthopedists when they fall, when a body part is crushed (such as in a forklift accident), when something drops on them such as tools from a scaffold, or due to a host of other reasons. In some cases, there is some overlap as between orthopedists and neurosurgeons, most typically in the case of spinal injuries. This is because in addition to bones, the spinal processes that make up the spinal column contain, surround, and protect the spinal cord, which is the main “trunk” or nerve which provides the body with feeling and function. Then again, there are orthopedists who specialize in spinal surgery. 

In any event, some of the common reasons workers need orthopedic care include the following:

• Carpal tunnel syndrome. According to the Mayo Clinic, “the carpal tunnel is a narrow passageway surrounded by bones and ligaments on the palm side of your hand. When the median nerve is compressed, the symptoms can include numbness, tingling, and weakness in the hand and arm.”
• Dislocated shoulder. A shoulder dislocation is called a subluxation. While rare, shoulder dislocations do occur. Surgery may be required in severe cases.
• Osteoarthritis and bursitis. Osteoarthritis happens when your cartilage wears down as you age. Bursitis involves the part of your body that cushions your muscles, and other body parts – near your joints. Bursitis is the inflammation of these cushions (called bursae). Despite the fact that these conditions may exist without any trauma, in the context of a workers’ compensation case, it is often a trauma that aggravates these dormant or asymptomatic conditions that are now very painful. 
• Plantar fasciitis. The Mayo Clinic defines plantar fasciitis as heel pain which “involves inflammation of a thick band of tissue that runs across the bottom of your foot and connects your heel bone to your toes (plantar fascia).”
• Sprains. Most people sprain some part of their body during their lifetime. Standard treatments include rest, ice, and compression. 
• Stress fractures. These breaks usually aren’t as painful as traditional bone breaks. They normally occur through wear, tear, and stress instead of due to a single accident. The most common parts of the body that suffers stress fractures are the ankle and feet.
• Tennis elbow. This injury is normally due to repetitive motions that damage the tendons near the elbow. Unfortunately, unless aggravated by a trauma, other than carpal tunnel syndrome, repetitive stress injuries are generally not covered by workers compensation. 
• Torn ligaments and the meniscus in the knee. These injuries, which are common to athletes, also happen to workers. According to the Mayo Clinic, a torn meniscus can be due to any activity that causes a worker to forcefully rotate or twist a knee. The anterior cruciate ligament (ACL) may tear requiring surgery an extensive rehabilitation. The meniscus is the cartilage around your knee. A healthy meniscus allows your knee to move freely. If the knee does not respond to less invasive surgeries, depending on your age and the condition of the knee, a total or partial knee replacement may be an option. 
• Torn rotator cuff. This injury involves the tendons and muscles near the shoulder joint. The rotator cuff keeps “the head of your upper arm bone firmly within the shallow socket of the shoulder”
• Ankle Injuries/fractures. During falls from heights, these injuries can be severe and debilitating. One of the worst is known as a pylon fracture, where essentially the leg bone smashes down into the foot bones and almost completely destroys them. Usually, an orthopedic doctor who specializes in foot and ankle surgery will perform an internal fixation surgery with plates and screws. Fortunately, medical technology has improved in recent years to the point that many foot and ankle specialists are now doing ankle replacements. 

Fractures that happen due to workplace accidents

The human body has more than 200 bones. The human hand, alone, has 27 bones. 

Bone fractures, such as leg fractures, are generally categorized in the following ways according to the Mayo Clinic:

• Open (compound) fracture. Here, the broken bone pierces the skin. Surgery is normally required for several reasons including reducing the risk of an infection.
• Closed (simple) fracture. Here, the broken bone does not penetrate the skin.
• Incomplete fracture. “This term means that the bone is cracked, but it isn’t separated into two parts.”
• Complete fracture. Here, the broken bone snaps “into two or more parts.”
• Displaced fracture. “In this type of fracture, the bone fragments on each side of the break are not aligned. A displaced fracture may require surgery to realign the bones properly.”

Another type of fracture, called a greenstick fracture, is more common in children who are less likely to be employees. With this type of fracture, “the bone cracks but doesn’t break all the way through.”

What are the treatments for fractures?

Doctors will normally conduct an oral and physical examination if they suspect a fracture. They’ll use X-Rays to locate where the break is, the type of break, and the severity of the break. In some cases, an orthopedist may order a CT scan or an MRI.

The treatments vary depending on the type and severity of the break. A common initial step, according to the Mayo Clinic, is to use a splint to immobilize the leg. If a worker has a displaced fracture, the orthopedist may need to “manipulate the pieces back into their proper positions before applying a splint — a process called reduction. Some fractures are splinted for a day to allow swelling to subside before they are casted.”

A splint or cast helps to immobilize the broken bone. Broken bones, such as broken legs, may require six to eight weeks to heal. During this time, the worker may need to work with a physical therapist to learn how to use a cane or crutches. It’s important not to put any weight on the broken bone and to restrict the movement of the bone so the bone can heal properly.

An orthopedist may recommend over-the-counter pain medications, “such as acetaminophen (Tylenol, others) or ibuprofen (Advil, Motrin IB, others) or a combination of the two. If you’re experiencing severe pain, your doctor might prescribe stronger pain medications.”

Depending on the location of the break, the type of break, and the severity of the break; workers will likely need physical therapy after the cast or splint is removed. The full rehab process can take months or longer.

Possible surgery for broken bones

Orthopedists may need to use rods, screws, plates, or other devices to ensure the bones stay in the proper position while the fracture heals. Usually, this type of surgery is known as an “Open Reduction Internal Fixation” (ORIF) surgery. Many of our clients undergo these types of surgeries. The recovery period after these surgeries can be long. These devices, according to the Mayo Clinic, are generally used for:

• “Multiple fractures
• An unstable or displaced fracture
• Loose bone fragments that could enter a joint
• Damage to the surrounding ligaments
• Fractures that extend into a joint
• A fracture that is the result of a crushing accident
• A fracture in particular areas of your leg, such as your thighbone”

Joe Miller Esq. has been fighting for injured workers for more than a quarter of a century. He works with and reviews detailed medical records experienced orthopedists, physical therapists, and other healthcare provides to properly assess your workplace injuries, the need for surgeries or other medical care, and the time and treatments you’ll need to return to good health. To discuss y our North Carolina or Virginia work injury case, call me at 888-667-8295. or fill out my online contact form to make an appointment. 

Workers can also complete our New Electronic Case Review. It’s a new type of communication method for our clients that we’re offering – to allow workers to reach us remotely.

Most employees who suffer a workplace accident begin their medical treatment with a visit to their local ER. Workers who suffer a spinal cord injury, a traumatic broken injury, compound fractures, and other serious injuries often need immediate surgery. Workers with chronic pain or acute pain often need to visit with a pain management doctor. In addition to treatment by physicians, these workers and most injured workers also need to treat with physical therapists.

One of the aims of physical therapy is to strengthen some parts of your body to minimize the pain in other parts of your body. Experienced physical therapists can workers select the correct exercises for their injuries and help workers manage their pain and recover from their injuries.

What is physical therapy?

Physical therapy is a rehabilitation process in which therapists evaluate your physical abilities and limitations. Physical therapists generally have some medical training but they are not physicians. Physical therapists respond to your concerns by developing a plan of exercise, massages, and other methods to help you recover from your injuries.

In addition to addressing your pain issues, physical therapists focus on your range of movement and your ability to functionally use various parts of your body. Physical therapists also focus on helping you regain strength and endurance. Once there’s a clear plan (which may be adjusted as you work with the therapist) – you may work with the therapist as his/her location. You will likely also be able to do some exercises and activities at your home.

Many therapists include stretching exercises among other exercises. The therapist may also provide hands-on treatments in addition to continually encouraging you to stay with the treatment plan.

How does Physical therapy help injured workers?

According to Medical News Today, physical therapy is used to treat many different types of conditions (many of which may be due to work) including:

• Carpal tunnel syndrome and other hand conditions
• Back pain, rotator cuff injuries, and temporomandibular joint disorders (TMJ)
• Spinal cord damage, traumatic brain injuries, and other neurological disorders
• Various cardiology disorders
• Post-surgery care
• Burn injuries
• Wound care

Some of the benefits of physical therapy include:

• Better mobility. Many workers have difficulty with simple tasks. They find it hard to stand, move, walk, or sit – prerequisites for doing most jobs. Some activities like driving may not be possible if, for example, one of your arms or legs is in a cast. The inability to perform routine tasks also affects your home life too.

Physical therapists help you regain movement and functionality through exercises that generally strengthen your joints and muscles and stretch them so you can move more freely. While you’re exercising and receiving treatments, your physical therapist may also help you with assistive devices. For example, a physical therapist may help you walk using a cane or crutches.

Physical therapy is often used when workers suffer chronic pain or repetitive stress injuries. 

• Helping you avoid surgery. Many employees who suffer workplace accidents understand that their options for managing their pain generally include medications and physical therapy. If these treatments still cause an unbearable amount of pain, the employee will likely review whether there are any surgical solutions to their pain. Surgeries include risks. Most people prefer to avoid surgery if at all possible. One aim of physical therapy is to help reduce your pain so you can live with the exercise and treatment routine instead of having surgery.

According to Medical News Today, other benefits of physical therapy include:

• Improving your balance
• Pain management
• Preventing falls
• Age-related disorders

Physical therapists may also help with arthritis.

Insurance companies and physical therapy

Most employers understand that workers do need physical therapy to help them recover – so workers can do their job again. Unfortunately, most insurance companies for employers often fail to appreciate just how many sessions an employee needs with a physical therapist to see improvement. Many insurance companies, after a specific number of visits (such as 10 visits) or a specific period of time (such as 3 months) will request that the worker undergo a defense independent medical examination (IME). Usually, the doctor who conducts the IME is a company doctor who will quickly say that your injuries have healed well enough that you should be able to return to work.

Experienced workers’ compensation lawyers help injured workers who need continual physical therapy when employers try to terminate their medical care and force them back to work – in two ways.

• First, we advise workers on what to expect at the IME. For example, we review which questions are likely to be asked and what physical tests the physician is likely to conduct
• Second, we work with your authorized treating physician. Normally, a doctor recommends that you receive physical therapy. We show your physician the report from the doctor who conducts the IME. Often, your doctor can point out the flaws in the medical report. Often, your doctor will be able to explain why you still need to treat with your physical therapist. In any event, both the Virginia Workers Compensation Commission and the North Carolina Industrial Commission typically favor the reports of your treating doctor over the defense IME doctor. 

In some cases, your physician may allow you to return to work – but with restrictions. These restrictions can include such things as not being required to lift items that weigh more than 20 pounds. The restrictions may also be conditioned on your right to continue your physical therapy visits.

One of the things that can ruin a workers’ comp case is where an injured worker treat his or her  prescribed physical therapy in a casual way, by missing physical therapy appointments and failing to re-schedule. This is a huge mistake and could lead to an Application to Terminate Benefits in Virginia or a Form 24 in North Carolina from the defense due to your failure to follow your doctor’s medical treatment plan and that could mean the end of your case.  Accordingly, please make sure you attend all of your PT appointments to the best of your ability. 

North Carolina and Virginia workers’ compensation lawyer Joe Miller has been fighting for injured workers for 31 years. He’s helped thousands of employees obtain full recoveries including payment of the medical bills they need to recover. In many of these cases, the workers need to treat with a physical therapist. To discuss your work injury claim with a seasoned workers’ compensation lawyer, call lawyer Joe Miller, Esq., at 888-667-8295. or fill out my online contact form to schedule an appointment. 

Employees in North Carolina and Virginia can also now fill out our New Electronic Case Review. The link is a new way of communicating with clients that we’re offering – to allow workers to contact us remotely during the pandemic.

When you’ve been hurt at work, there comes a time when continuing to treat with your doctors doesn’t improve your medical condition. When additional medical treatments won’t improve your medical condition and the healing process is stopped – you’ve reached the point of Maximum Medical Improvement (MMI). 

This does not mean that you no longer require medical treatment such as pain management. It just means that according to the opinions of your doctors, you are unlikely to improve your permanent outlook with additional treatment. 

Workers have the right to get medical treatment for any injuries they suffer due to a workplace accident. Most workers start with a visit to an emergency room doctor or they see a physician designated by the workers compensation insurance company, or in some cases, their personal physician. Depending on the type of injury and the severity of the injury, injured workers may need surgery. They often need to see a specialist; maybe several specialists to address their work injuries.  Injured employees often treat with physical therapists, occupational therapists, and/or rehabilitation therapists. Some workers also need to see a psychologist and/or psychiatrist.

Employees who are injured at work who suffer a compensable claim have every right to try to maximize their health and minimize the consequences of their injury at work. During the time they are working to improve their health, they are entitled to have the insurance company for the employer pay their medical bills and generally, 2/3rds of their average weekly wages for the time their authorized physician holds them out of work or for a maximum of up to 500 weeks.  Some injuries completely heal with time – such as many minor fractures. Other injuries never completely heal and may require the insertion of hardware or other drastic methods of repair. 

Maximum medical improvement is an important milestone in an injured worker’s case for a number of reasons: 

1. It enables your doctor to refer you for a Functional Capacity Examination to determine whether you have any permanent, physical restrictions due to your injuries; 
2. It enables your doctor to refer you for a Functional Capacity Examination to determine whether you have any permanent partial impairment in any specific body parts you may have injured in your accident;
3. It is generally a signal to all parties that a potential settlement may be on the horizon; 
4. It is generally a signal to the defense that they may want to engage you in a program of vocational rehabilitation after the results of your FCE come in. 

MMI evaluations

When workers reach MMI, several evaluations need to take place.

• The first evaluation is whether you have reached the point of MMI. Often employers will argue that you’ve reached MMI in order to force an early settlement or try and force you back to work or to try to cut off your right to your 2/3rds share of your average weekly wages. You have the right to challenge any claim you’ve reached MMI if you still think medical treatment can improve your health. Normally, the doctor who is treating you makes the initial determination of when you’ve reached MMI. 
• The treating doctor, in some cases, may be a “company doctor” meaning  he/she does have some bias towards getting you back to work per the insurance company’s wishes. 
• In North Carolina, if you disagree with a determination that you’ve reached MMI, you have the right (with the help of an experienced North Carolina compensation lawyer) request an independent medical examination (IME). The IME is a medical review done by another physician of your choice. Unfortunately, there are no such provisions in Virginia; however, if you can afford to see a different physician, you can pay for the examination yourself. 
• After the MMI determination by your physician, the second step is usually for that physician to order a Function Capacity Examination (FCE) by a licensed physical therapist’s office equipped for such exams. This evaluation is to determine if you can return to work with workplace restrictions. A typical workplace restriction is that you can work but you can’t lift or move any objects that weigh more than 20 pounds. 
• After the FCE occurs, some employers may decide to adjust or accommodate your work routine so you can work with these restrictions. This way, you can earn your salary; however, this accommodation does not come without risks. Note that If the employer reduces your pay because of the workplace restrictions, you should be able to continue to receive pay loss benefits – but the benefits are adjusted to reflect 2/3rds of the difference in pay between your pre-injury wages and your new wages. 
• If the employer doesn’t have a job for you that you can do based on your work restrictions, then you can continue to receive your 2/3rds per week disability payments. In Virginia, if you are not under an Award for benefits, or if your claim in in North Carolina, if your employer cannot accommodate your restrictions, you must look for a job you can do with those restrictions. If you are under an Award in Virginia, then you are under no obligation to look for other work. The burden shifts to the employer in cases of an Award to find you work and if they choose to do so, this is done via vocational rehabilitation. 
• Oftentimes, the FCE also includes a portion of the exam which is designed to decide whether you are eligible for permanent partial disability or permanent partial impairment (PPI) benefits. When you’ve reached MMI, the treating doctor, after reviewing this portion of the FCE report, will normally also assign an injured worker a Permanent Partial Disability (PPD) or Impairment rating (PPI). Here, the physical therapist is performing tests on your injured body part to determine if you there exists a permanent disability in the injured body part. Based on that evaluation, the physical therapist— and later your doctor– will assign a percentage rating to that disability (called an impairment rating). 

An example of a permanent partial disability/impairment is the loss of function of a hand. An impairment rating is an assignment of the severity of that loss of hand such as 90%. This means you’ve lost 90% of the function of your hand. If you are entitled to permanent disability benefits, the amount of the benefits (a specific number of weeks such as the maximum of 200 weeks for the hand– what North Carolina law permits) is multiplied by the impairment rating. So, if you would normally be entitled to 200 weeks for a permanent disability and you have a 90% impairment rating, you will be entitled to 90% of 200 – or 180 weeks. Note that this is NOT in addition to any weeks you remain out of work. 

• After you have reached MMI and these evaluations occur is typically a good time to determine whether you want to consider a lump sum settlement. If you are unable to return to your former job and so far you are unable to find alternate employment or the insurance company has not been able to find any for you, then you have the potential for a maximum of 500 weeks of payments ahead of you. These potential future weeks, along with the value of the medical side of your claim can then form the basis of a lump-sum settlement demand by your attorney. 

If, on the other hand, you have returned to work at a job at or higher than your pre-injury wages, and you have been determined to have a permanent partial disability and an impairment rating, then the number of weeks as determined by that percentage, plus your future potential medical treatment would be the basis of your attorney considering and possibly negotiating a lump-sum settlement (called a clincher agreement in North Carolina). In a lump-sum settlement, you’re a negotiated portion of what potentially is due to you in the future (the 2/3rds’ wages and medical bills) in one payment to you, so you control the money. The risk, of course, is that there is no do-over if your medical bills are more than you anticipated. On the other side, the risk to the insurance company is that you will, in fact, get better, require little further treatment,  and find a good job on your own, in which case would not have ended up paying you what they paid out in settlement. 

An experienced work injury lawyer will advise you about the pros and cons of a lump-sum settlement in your particular circumstance. 

It’s important to understand that you are still entitled to seek medical help – after you reach MMI – and to have the employer pay for that medical care. The key requirement is that the medical care must be needed to help ensure your medical condition doesn’t worsen. Many patients, for example, who have chronic back pain due to their workplace injury need pain management or orthopedic maintenance so their back pain doesn’t get worse.

You should also understand that if you are in an accepted claim or under an Award, the burden to switch from temporary total disability benefits to permanent partial disability benefits, or from temporary total disability benefits to a termination of benefits, is on the employer.

Talk with a seasoned North Carolina and Virginia workers’ compensation lawyer today

North Carolina and Virginia workers’ compensation lawyer Joe Miller Esq. understands that many employers try to push workers to return to work before they’re healthy. He works with your doctors and independent doctors to help assess your medical difficulties and concerns. When you reach maximum medical improvement, he also works to assist your doctors in determining whether you have a permanent partial or full disability as you look to your future.  To discuss your worker’s compensation case, call attorney Joe Miller, Esq., at 888-667-8295. or fill out our online contact form to schedule an appointment. You can also fill out our New Electronic Case Review. It’s a new way we’re offering so workers can contact us remotely.

Why employees consider a clincher agreement?

For many workers, once it becomes clear that they have reached maximum medical improvement (MMI) (that no further treatments will improve their health), it makes sense to start thinking about their long-term position. Some of the reasons workers consider lump-sum payments are:

• Plain and simple – the worker gets to control the money.
• The worker can’t rely on the 2/3rds of your wage weekly checks, which only come once per week. It is more advantageous to have a lump sum, so the funds can be invested, or used for a business, so that the family can be taken care of, and for other reasons personal to the worker.
• If the injured worker dies at any point, his or her checks will stop and so will all future, potential medical treatment. A settlement usually converts a significant future portion of the future checks and medical treatment the employee would receive to a lump sum of cash, which cash can be saved, invested, and passed on to one’s heirs. 

The disadvantages of a clincher agreement

• If your condition gets worse than you expected, you can’t go back and ask for additional medical benefits. This is why it is critical that you and your attorney work with your doctors to fully understand your medical prognosis.
• If you are out of work and unable to obtain an alternate job within your restrictions, you may run out of the clincher money. 

The amount you receive will be discounted to reflect the idea that the lump sum can earn interest over the time you normally would have waited to get your payments.

If, as we’ve pointed out before, you are receiving any unemployment compensation pay, you will lose the right to claim those benefits.

How is the amount of the lump sum payment determined?

The answer depends on your type of injuries. The basic types of injury categories in North Carolina are:

• Permanent and Total Disability. This type of settlement is reserved for workers where it is clear you will never be able to return to work due to:

• • Your injuries from a workplace accident
  • An occupational disease
  • Your combination of skills, ages, and injuries means you can never expect to work again even if you are retrained
  • You have one of the categories of injuries that North Carolina considers to be permanently disabling, brain damage, paraplegia, or quadriplegia.

If all these criteria are met, you will be entitled to checks of 2/3rds of your average weekly wage for the remainder of your life.  

• •  Extended Compensation Application for extended compensation at 425 weeks.  This is a separate category of injury where your injuries are so severe that you have lost your entire residual capacity to work. This can come from any type of injury, but you must prove that you cannot work and you cannot file for extended compensation until you reach 425 weeks of compensation. If granted, the Industrial Commission may grant you benefits beyond the typical limit of 500 weeks for your weekly checks. That being said, even if granted, the defendants may, from time to time, challenge your ongoing rights to receive benefits beyond the 500 weeks, by forcing you to again prove that you remain disabled.
  •  Temporary Total Disability. For most employees, workers who are placed in this category are entitled to up to 2/3rds of the average weekly wage for up to 500 weeks. This type of settlement commonly entered by workers who have the ability to engage in some kind of work, but are unable to return to their pre-injury job.  Workers must prove that they are unable to find suitable work with these restrictions may seek a clincher agreement.

• Permanent Partial Disability Settlements, or ‘ratings only’ settlements. This category is for employees who can return to work but not the same job or same pay as before the accident or occupational illness. The amount of your weekly benefits is based on an impairment rating and your type of injury.

• Partial Incapacity Settlements. Some workers who achieve maximum medical improvement can return to work but at a lower pay. They are generally entitled to the 2/3rds of the difference between the lower current pay and higher pre-accident or pre-occupational disease pay. Most workers, except those with very old claims, are entitled to this sum for up to 500 weeks.

• Death Benefits to Survivors. If a worker dies, the spouse and/or other relatives may be entitled to long-term benefits which can be paid in a lump sum. An experienced work injury lawyer can explain what benefits are allowed including the costs of the funeral and who is entitled to the benefits.

How are future medical bills addressed in a clincher agreement?

It is typically not advisable for a worker to settle his or her workers’ compensation claim if the worker has not reached maximum medical improvement. Additional surgeries, treatments, and therapies may improve your condition. They can be quite expensive. You shouldn’t forfeit the right to get as healthy as you can by having the employer and insurance company pay for that treatment. Then again, each and every case is different. 

You may feel, for instance, that your skill set will enable you to obtain an alternate job where you can find health insurance which will likely cover future costs, in which case, it may make sense for you to examine settlement. 

Once workers have achieved their maximum health, some may not need additional medical care – for example, if they broke a bone and the bone has healed. Many workers, however, will need continuing health care to prevent their condition from getting worse. This is especially critical for workers with occupational diseases which often worsen with time. Workers with chronic injuries or other physical injuries may need constant help. If a worker needs a prosthetic, the prosthetic may wear out with time. The cost of medications must be part of the overall clincher settlement agreement.

There is always some risk in settling your case if you need more medical care. An experienced workers comp attorney can help you make an estimate as to what your future medical bills will be.

In any event, once it is determined that a full and final settlement of your case may be advantageous, your attorney will help calculate your future medical costs related to your injury by first estimating our life expectancy. This can be done by relying on certain statutes in North Carolina that actually provide the average life expectancies for both males and females each year across the State. 

Are there other issues to consider in a worker’s compensation clincher agreement?

One complicated problem is how your Medicare benefits and Social Security benefits are figured since many workers may be eligible for both Medicare and workers’ compensation benefits if they have a lifetime disability or were older when they first applied for work injury benefits. This is typically handled through something called a Medicare Set-Aside Arrangement or MSA. Basically, if you are a current Medicare recipient or if you are on Social Security Disability, you cannot settle your workers compensation claim without taking into account Medicare’s interests. 

Also, if you’re going through a divorce, you’ll need to review your marital rights with a family lawyer.

North Carolina Workers’ Compensation Attorney Joe Miller Esq. has been fighting for injured workers in North Carolina and Virginia for more than 30 years. He is highly respected by his legal peers and former clients. He’ll fight to get you every dollar you deserve. He’ll contest any effort by the employer to terminate or reduce your benefits. Call attorney Joe Miller today at 888-694-1671. or use my contact form to schedule an appointment. 

In a previous article, we discussed some of the overall pros and cons of wearing workplace technology. In this article, we address some of the specifics.

According to Lanier Upshaw, a company that focuses on business risk, many businesses are exploring how wearable workplace technology can help employers and employees reduce the number of workplace accidents and the severity of workplace injuries. In addition to wearable technology, mobile applications, and sensors are becoming part and parcel of future workplace safety strategies.

Wearable technology is being used in many different professions and industry sectors including healthcare, police, firefighting, construction, and manufacturing.

Some of the benefits that makers of these wearable technologies say can help workers include:

• Warnings. The technology can warn employees that noise levels are excessive which can harm an employee’s hearing, the temperature is too hot or too cold which can directly affect a person’s health, and the existence of chemical toxins. Toxins that are ingested can cause breathing and respiratory problems. Toxins that come in touch with the skin can cause itching, burns, and infections.
• Body movement. Wearables can help identify when a worker isn’t lifting an item properly which can place excess strain on the back and spine. Back and spine injuries can lead to a lifetime of chronic pain.
• Collecting data. Wearable technology devices use sensors to collect lots of data about work performance. The data can be analyzed to focus on increasing productivity while at the same time helping the worker avoid or reduce the risk of injury. The data can be used, for example, to help design ergonomic equipment and workplace environments that place fewer stresses on the body.

Various types of wearable technology

Some wearable technology is already helping workers in the following ways:

• Warehouses are using wearable technology, which is worn on the wrist or arm, that gives workers an interface to managers and supervisors to discuss any issues that arise
• Wearable technology can include barcode scanners to let workers minimize the time and stress of handwriting product and delivery information
• In the manufacturing sector, workers wear headsets that let them communicate while keeping their hands-free to hold on to work with tools and equipment. Wristbands with software can also enable hands-free communication
• Backpacks with sensors can include cameras that can scan and capture any environment. These devices can be useful in the construction arena where the landscape continually changes as the work is completed
• Some workers are wearing smart glasses that have microprocessor and optics to get a 3-dimenisional view of an area
• Sunglasses and smart-glasses can be used for mobile computing, video and photo recording, data collection, and “waveguide optics.”
• Helmet clips with sensors can help workers and supervisors increase their knowledge of whether there are dangerous gases, the worker’s locations, and what the vital signs of the worker are
• Footbeds with sophisticated technology are being used to collect biomechanical and physical data which can reduce the risk of “musculoskeletal injuries”
• Smart wearable technology can help determine whether a worker is getting tired and needs a rest break or should even stop working until they get enough sleep. This can be especially useful for truck drivers who can easily get fatigued if they push their limits – by driving too many hours without getting proper rest. In one example, wearers have a “smart cap,” which alerts a remote operator to the fatigue. The remote operator then sends an alarm to the wearer. These devices detect brain signals through tiny EEG sensors.
• Some companies have their workers wear “smart compression suits” to track the worker’s body movements. In some industries where the worker works in dangerous conditions, this technology can be valuable
• There are holographic devices which give the user a better field of vision by including high-definition holograms to increase their understanding of the view around them.
• There are devices which expand the viewing perspective so that workers can see things at a 75-degree angle. These devices even include earbuds for a broader audio experience.
• Some devices can be used to examine the wearer’s perspiration level – specifically, the amount of alcohol in the perspiration
• Workers who work in mine are using “wearable devices for geolocating personnel and equipment”
• Shirts can help keep surgeons, pilots, firefighters and others cool through the use of “portable CO2 tanks.” These devices can help reduce the risk of death and heat stroke when the weather gets too hot.
• Watches can transmit safety alerts
• Glasses are being combined with Bluetooth technology to transmit emails and other notifications.
• Bracelets with GPS systems can send data about a worker’s location to a supervisor
• Some devices have point-of-view devices attached to helmets, headgear, and collars. This technology can help law enforcement be more aware of dangerous situations

There are concerns about all this wearable technology. There are privacy and security issues. Employees should have the right to raise questions about their effectiveness. Are they really helping the worker be safer or are they just being used to help a business make a profit or worse yet, spy on their employees?

Is the focus on protecting the worker or on gather data? There needs to be a balance between helping the employee and helping the company, but in all cases, the safety and security of the worker should always be the #1 priority. The wearable technology may improve worker morale but it may also inhibit worker morale because the devices can be cumbersome. Workers may also tend to over-rely on the sensors instead of their own instincts.

At the Virginia Law office and North Carolina office of attorney Joe Miller Esq., we understand that the workplace environment is constantly changing. While we appreciate devices that can help improve worker safety, when injuries happen (for any reason), we demand that employers and their insurance company take care of their workers. This includes making timely payments for medical expenses and wage benefits. We’ve helped thousands of employees get their full workers’ compensation benefits.  For help with your Virginia or North Carolina workers’ compensation case, call us today. Initial appointments are free. You can reach attorney Joe Miller at 1-(888) 694-1671 or by completing my contact form.

New technology is helping workers avoid work-related injuries in many ways. Companies should always be on the lookout for ways to improve worker safety. They should understand and follow the latest guidelines and regulations from the Occupational Safety and Health Administration (OSHA). They should keep current with latest safety standards.

Businesses should know that providing workers with the best tools possible, the best equipment possible, and the best education possible can help reduce how often work injuries occur. The best way to avoid a work injury claim is to avoid the accident in the first place. When accidents at work do happen, workers should speak with experienced workers’ compensation lawyers to get the best advice possible.

The positives

Most new technology has some computer component and some data component. The wearable technology gathers the data by reading relevant responses from the worker who wears the technology. This new type of technology is often good at measuring things such as fatigue, work-related stress, ergonomic issues, proximity to danger, and other factors.

The overall goal of the technology is two-fold. The first is to improve the safety for the individual worker. The second is to improve the safety of the whole workplace organization.

According to Businessinsurance.com, these are some example of the desired benefits of wearable technology:

• “Caterpillar Inc. demonstrated a solution it created to reduce accidents involving collisions between heavy machinery and construction personnel. Using a small beacon that fits inside a hardhat and a receiver mounted in the cab of a vehicle or machine, the solution can detect when a worker is dangerously close to the equipment and alert the driver with an alarm.”
• Two analysts explained how new technology could be used in construction sites, one of the leading industry sectors for workplace accident claims. The new technology would give supervisors the ability to warn workers, through visual and audible alarms to the device they’re wearing – to stay away from certain unsafe areas. The technology was “a worker positioning system using wireless beacons placed around the room and safety vests outfitted with transmitters that allowed software to track their movements throughout the aisles and among audience members in real time.”
• The analysts touted other wearable devices that could alert supervisors to accidents. Quicker response times could prevent harm to other workers and help the injured worker get more timely help. Workers could be notified when an evacuation of a dangerous site was necessary.

Wearable technology benefits typically, according to the BusinessInsruance.com article, the following three goals:

• Collect data about the worker on certain activities such as bending and then comparing it to a benchmark or threshold. The hard part is determining the benchmarks and thresholds.
• Change the worker’s individual behavior. Much of the analysis of this type of benefit has shown that it doesn’t help workers that much. In fact, in one study at the University of Pittsburgh, PA, an experiment was done to determine if wearable devices that monitored diet and physical activity helped or hurt with weight loss. The study actually found that the people who didn’t wear the devices lost more weight than those with the devices. The analysts in the article concluded that behavior is affected more by “organizational culture and systems that try to reinforce desired behaviors and discourage deviations.
• Make changes to organizational behavior, “such as changing workflows or processes to make work safer or more efficient.”

The negatives

There are concerns with wearable technology. Most wearable technology focuses on collecting data about a worker’s performance. Some of the concerns raised by those who oppose these technologies include:

• A lack of privacy. The collection of large amounts of data can affect the psyche and well-being of the workers. The information gathered may be used against the worker in various ways such as in the evaluation of the worker’s job performance. The worker’s privacy is impacted.
• An improper focus. Focusing on the data often means missing many other parts of job performance. Doing a job well depends on experience, ambition, creativity, imagination, an ability to be a team player, and many other factors. Focusing on just physical and emotional responses can miss some of these crucial factors. Often, there are much better, more efficient, and more creative ways to improve worker safety and worker job performance.
• Digital breaches. Some transfer of information might violate various laws such as the Health Insurance Portability and Accountability Act (HIPAA) which regulates access to medical health records.
• A waste of time. All of the data collection isn’t worth the time to collect it if there’s no ability in the technology to assess and evaluate the data.

Wearable technologies should focus on things that can’t normally be evaluated by the human eye or human experience. How much bending a worker is doing can usually be assessed by just looking at the worker. Technology can be useful, for example, in determining (through a glove with sensors) how much “force a worker uses” while gripping.

General guidelines

Education matters. Workers should be told more than just how to use the technology. They should understand how the technology is being used to make for a safer and better work environment.

Employers tend to like wearable devices because the devices may help reduce their premiums while also helping to avoid workplace accidents. Employees may like them if they really help keep them safer.

At the Virginia Law office and North Carolina office of lawyer Joe Miller Esq., we’ve helped thousands of injured workers get justice. We fight to get employees all the benefits they deserve including payment of all their medical bills and their lost wages. We understand that holding employers accountable for workplace injuries is one way to force employers to focus more on workplace safety. For help with your Virginia or North Carolina workers’ compensation claim, call attorney Joe Miller at 1-(888) 694-1671 or complete my contact form to schedule a free appointment. Initial consultations are free.

Not every accident is equal. At one extreme are rear-end collisions which rarely kill someone. In most cases, the car accident victims suffer whiplash and soft tissue issue injuries. At the other extreme, are head-on collisions and broadside collisions. These latter types of injuries often kill a car occupant or cause the driver or passengers to suffer very serious injuries.

According to the North Carolina Department of Transportation, for the year 2016:

• 1,441 people wee killed in car accidents
• 130,137 people were injured
• There were over a quarter-million vehicle crashes – nearly 700 a day
• Nearly ¾ of all crashed occurred between 7am and 7pm
• Nearly 1/3 of all accidents were due to speeding

Experienced North Carolina car accident lawyers guide families of the deceased and guide the survivors through each phase of the trial process.

Broadside collisions

In this type of a crash two vehicles collide front to side. This means the front of one car, usually the car at fault, drives into the side of another car. Broadside crashes are also called T-bone crashes because the position of the cars on impact looks like the letter “T.” Because the cars strike at right angles to each other, there’s a strong likelihood that one or both cars will spin out of control which can cause a multi-vehicle accident.

The occupants of the car whose side is struck often suffer the most harm because the side of a car offers virtually no protection – unlike the hood of the other car. Side airbags are also less likely to deploy than front air bags. The occupants of both cars are likely to be thrown about the car, if the airbags don’t deploy. The occupants in the car whose front strikes the other car are also likely to be thrown into the windshield or the dashboard. Occupants of both cars are likely to be thrown into each other.

How broadside car crashes happen

Generally, the car whose front strikes the side of the other car is the car at fault. The driver and the owners of this front car should be held accountable for any injuries or deaths they cause. Some of the reasons for broadside accidents are:

• Reckless driving
• Driving while intoxicated or under the influence of drugs
• Failing to merge properly
• Running through a red light or a stop sign at an intersection
• Not yielding the right of way
• Driving while distracted. Drivers who are distracted can easily veer into the wrong lane or run through an intersection. Distracted driving includes texting while driving, talking on a smart-phone, or eating or drinking while drinking
• Not being prepared for bad weather including icy roads, oil slicks due to rain, glare due to the sun, snow, and sleet
• Defective car parts
• Cars that haven’t been inspected

Types of injuries drivers and passengers suffer from T-bone accidents

The worst-case scenario is that a driver or passenger will be killed. When someone dies, experienced North Carolina and Virginia car accident lawyers file wrongful death actions on behalf of the estate of the decedent and the surviving family members.

Survivors of broadside collisions can suffer traumatic brain injury, paralysis, broken bones, acute and chronic bone, damage to ligaments and muscles, damage to the spinal cord, internal bleeding, and any many other injuries. Some injuries may resolve with months or years of medical care. Other injuries can completely alter a person’s life. Flying glass, striking other car parts, knocking into passengers, and even being stuck on the steering column are common broadside injuries.

In addition to killing or injuring passengers, T-bone crashes often destroy the vehicles involved or require extensive repairs. Generally, if the cost to fix the car is more than the value of the car, the damage is considered a total loss. In total loss cases, owners are entitled to demand payment from the responsible drivers/owners and applicable insurance companies for the value of the car.

Head-On Collisions – Causes and Dangers

Head-on car crashes are often deadly. Survivors often suffer catastrophic injuries which require a lifetime of care. Many victims often need the jaws of life tool just to be extricated from the vehicles. In most cases, one driver is clearly in the wrong because he/she was in the wrong lane of traffic. But this is not always the case. Sometimes a vehicle may be knocked into the oncoming lane by a vehicle headed in the same direction, in which case the fault would originate with the vehicle who slammed into the car that was thrust into the oncoming lane. Some reasons why a driver might go the wrong way down a one-way street, drive on the wrong side in a two-lane road, or go the wrong way on a road ramp are:

• Intoxication. Drivers who are drunk lose any sense of where they are

• Driving while under the influence of drugs. Drugs affect a driver’s ability to reason
• Driver distraction. Drivers who talk or text on cellphones, or who aren’t watching the roadway, can find themselves going in the wrong direction into a stream of traffic
• Speeding. Cars that go too fast may miss signs indicating which lanes of travel they should take
• Bad weather, slick roads, pouring rain, heavy fog, and even glare from the sun can make it difficult for drivers to see where they are and where they should go;
• As mentioned above, another driver traveling in the same direction who loses control and  knocks the head on driver into the oncoming lane.

In head-on collision cases, the personal representative for the estate of someone who was killed can hold the driver who was going the wrong way and/or other at-fault drivers accountable for wrongful death damages. In North Carolina, the Estate of the deceased should sue the irresponsible driver for all their damages such as physical pain of the deceased, loss of service and society, as well as the emotional suffering of the beneficiaries, lost wages, and medical bills. Medical bills include surgeries, hospital stays necessary to attempt to save the life of the decedent.

In addition to standard damages, experienced North Carolina trial lawyers will often seek to punish the driver’s bad behavior through an award of punitive damages. Punitive damages can be awarded in North Carolina, if a defendant acted recklessly, wantonly, or maliciously. A case can be made that a drunk driver, a distracted driver, or a speeding driver was acting recklessly and without any regard for the safety of passengers and the occupants of other vehicles.

Of course, if the deceased or injured driver was acting in the course of employment, an additional claim must be made for workers compensation benefits. If there is a death, then there are additional workers compensation death benefits available to the dependents of the deceased worker under the Workers Compensation Act. It is very important, particularly in Virginia, that the injury case against the other driver NOT be settled, as long as there is a pending workers compensation case. If this occurs, it could wipe out any workers compensation benefits available to the dependents of the deceased or the ongoing workers compensation case of the injured worker.

Make the call to a respected North Carolina and Virginia accident lawyer today

At the North Carolina and Virginia Law office of Joe Miller Esq., we have the experience and resources to hold irresponsible and reckless drivers accountable for the physical pain and emotional harm they cause. Attorney Joe Miller has been fighting for injury victims for more than 30 years. To schedule a free consultation, please call (888) 694-1671 or complete my contact form.