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$2.4 million in workers' compensation awarded to construction welder

A construction welder in North Carolina was awarded $2.47 million in workers' compensation after a long and arduous process involving several mediations and post-mediation negotiations.

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By
Natalie Yerger
, freelance reporter
This article was written for our sponsor, Riddle & Brantley.

A construction welder in North Carolina was awarded $2.47 million in workers' compensation after a long and arduous process involving several mediations and post-mediation negotiations.

In 2011, the man, whose name has been withheld due to his immigration status, fell from a platform and suffered serious head damage that involved both a basilar skull fracture and a brain injury.

"He hit his head, had a severe brain injury and was an undocumented immigrant, so the family wasn't sure they could make a claim for him," said Gene Riddle, founding partner at Riddle & Brantley law firm.

Workers' compensation cases can be among personal injury law firms' most time-consuming, involving insurance companies, medical bills and, in this case, several languages.

"We have Spanish-speaking interpreters, so we could communicate with the family," said Riddle, noting the case was one of the longest handled by the firm.

"The case took so long because we wanted to have a full understanding of his injuries and what long-term care he was going to require," Riddle said. "In order to get that, the doctors have to have the benefit of treating him for a long period of time."

While the client made improvements throughout the course of the case, doctors determined his injuries would be permanent. The settlement funds were placed into two trusts so money would be available to provide for the client's medical and personal needs over his lifetime.

While many associate workers' compensation with unsafe workplaces, negligent employers, and hazardous conditions that result in employees and employers fighting in head-to-head battle, this isn't always the reality of these cases.

"Many times, employers and insurance companies are happy to have us come on board because it's easier to talk to us than an injured claimant, or someone who isn't familiar with the system and what their rights are," said Adam Smith, an attorney and bar-certified specialist in workers' compensation law at Riddle & Brantley. "You can work out a solution to situations that's mutually beneficial to the employer and the employee."

Smith said many workers feel timid at the prospect of seeking out compensation, nervous a case could impact their relationship with the employer.

"Some people will call me and say they don't want to rock boats and that they've been with the company for a long time," Smith said. "They don't want to have others think they're entitled, but that's not how employers or insurance companies see it when you get a lawyer. Insurance companies have adjusters who do this for a living."

In the welder's case, the language barrier alone could have presented enough challenge to bar the man from receiving appropriate compensation. With the firm, the family not only received the settlement amount but also help filing petitions to have family members serve as the welder's guardian.

Smith further explained workers' compensation isn't as narrow as many people imagine.

"In North Carolina, if you're hurt on the job and you're an employee as opposed to an independent contractor, you're generally covered by the workers' compensation system," Smith said. "It's a no-fault system with a few exceptions. If you're drunk, for example, then you're not covered. But generally it doesn't matter how you get hurt: if your employer did something wrong, or there was no wet floor sign, or if you did something foolish and silly."

Seeking legal assistance can be particularly beneficial if you've contracted serious injuries and are unable to return to work for a period of time or permanently. Workers' compensation attorneys work to ensure you get the maximum compensation available.

It should be noted, however, the results of the welder's case do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.

"We had three attorneys working on the welder's case for a long period. You have documents to review, medical documents to review, life care plans, and you want to have the opportunity to get opinions on what the value is, which can't be determined unless they read the entire case and look at all the documents," Riddle explained.

If hurt on the job, employees should notify their employers immediately and inform them in writing, noting the date, time, the name of the person spoken with and their response, and their position in the company. Common filing mistakes can put your case in jeopardy, including failing to report the injury quickly, only reporting the injury verbally, waiting to see a doctor and exaggerating injuries.

This article was written for our sponsor, Riddle & Brantley.

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