North Carolina Workers’ Compensation for Crush Injuries

Learn about your rights and how to file a claim after a crush injury at work in Charlotte

Crush injuries in the workplace can be devastating, leading to severe physical harm, long-term health issues, and even fatalities. In Charlotte, North Carolina, workers across various industries face the risk of crush injuries every day while working with machinery, heavy equipment, and construction materials. 

If you work in an industry that puts you at risk for a crush injury, understanding the risks and knowing how to respond is crucial for your safety. This article aims to shed light on the nature of crush injuries, how they can occur in the workplace, and the steps workers should take following an injury to get the medical care and financial assistance they need through a workers’ compensation claim.

What is a crush injury?

A crush injury occurs when excessive pressure or force is applied to a body part, often by being squeezed between two heavy objects. This can lead to severe damage to muscles, bones, blood vessels, and nerves, causing pain, swelling, and even long-term functional impairments. 

Depending on the severity, crush injuries can range from mild bruising to complete tissue destruction requiring amputation. Two of the most severe complications include:

• Compartment syndrome, where increased pressure within a muscle area impedes blood flow and can lead to severe muscle and nerve damage
• Crush syndrome, which is a significant systemic response caused by rhabdomyolysis (the breakdown of muscle) that can be life-threatening

What is an example of a crush injury?

A common example of a crush injury is when a construction worker’s foot gets trapped and compressed under a forklift. 

The intense pressure exerted on the foot can fracture bones, damage soft tissues, cause severe bruising, and potentially lead to complications such as compartment syndrome, where the swelling and pressure increase to dangerous levels, impeding circulation and necessitating urgent medical treatment to prevent long-term damage or amputation.

How dangerous are crush injuries?

Crush injuries can be extremely dangerous. In fact, hundreds of U.S. workers die every year due to contact with heavy objects and machinery. In 2022 alone, the Bureau of Labor Statistics (BLS) reported that 142 workers died after getting caught in or compressed by equipment or objects at work.

Which workers are most likely to suffer a crush injury?

Workers most likely to suffer from crush injuries are those engaged in industries and activities where heavy machinery, materials, and equipment are used or where there is a potential for falling or shifting loads. This includes construction workers, warehouse and factory workers, miners, loggers, landscapers, and farm workers.

Mechanics and maintenance workers who deal with heavy vehicles or machinery are also at risk, as are emergency responders like firefighters, police, and EMTs, who might be involved in rescue operations after accidents or natural disasters. Additionally, truck drivers, delivery drivers, and anyone who drives for work could be at risk of a crush injury during an accident.

What are the long-term effects of a crush injury in the foot?

Long-term effects of a crush injury in the foot (or in any appendage) can vary based on the severity of the injury and the effectiveness of the initial treatment but might include chronic pain, decreased range of motion and flexibility, and persistent swelling or lymphedema, especially if there was significant tissue damage.

Long-term complications may also include arthritis, deformities, and an increased risk of infections if the skin barrier was compromised.

It’s important for individuals with a crush injury in the foot to receive immediate and appropriate medical care to minimize these long-term effects.

Is there compensation for a crush injury at work?

In North Carolina, workers who suffer a crush injury (or any work-related injury or illness) may be entitled to compensation through the state’s workers’ compensation system. This system is designed to provide financial and medical support to injured workers, regardless of who caused the accident.

Most employers in North Carolina with 3 or more employees are required to carry workers’ compensation insurance, which covers certain costs associated with work-related injuries and illnesses.

Depending on the severity of your injury, you may be entitled to several benefits, including:

• Medical benefits. Workers’ compensation covers the costs of all necessary medical treatment related to your injury. This includes doctor visits, hospital stays, surgery, medication, and physical therapy.
• Lost wages. If you are unable to work due to your injury, you may be entitled to two-thirds of your average weekly wage, up to a certain maximum amount set annually. These benefits typically begin after a 7-day waiting period.
• Vocational rehabilitation. Workers’ compensation may also cover the cost of vocational rehabilitation to help you return to work or find a new job if your injury prevents you from doing your previous job.
• Death benefits. If a crush injury leads to the death of a worker, their family members may be entitled to death benefits, which include compensation for funeral expenses and lost income.

It’s important to note that workers’ compensation is a no-fault system, meaning you don’t have to prove your employer was negligent to receive benefits. However, you do need to be able to prove that your injury is a direct result of your job, which is typically not an issue with crush injuries that are a direct result of an accident.

What should be done immediately after an injury in the workplace?

If you suffer a crush injury or any other type of injury at work, there are several important steps you should follow to ensure your safety and to protect your rights under workers’ compensation laws in North Carolina:

1. Seek medical attention. Your health is the priority. Seek immediate medical treatment for your injury. Be sure to inform the health care provider that your injury is work-related, and follow all medical advice.
2. Notify your employer. Report the injury to your employer as soon as possible. North Carolina law requires you to notify your employer in writing within 30 days of the accident. However, it’s best to do this immediately to ensure there’s a clear record of the injury and its relation to your workplace.
3. File a claim. Fill out Form 18, which is a “Notice of Accident to Employer and Claim of Employee, Representative, or Dependent” for workers’ compensation benefits. This form should be submitted to the North Carolina Industrial Commission (NCIC). You can file this form online, by mail, or in person. Also, keep a copy for your records.
4. Cooperate with your employer’s insurance. Your employer’s workers’ compensation insurance carrier may contact you for more information. Cooperate with them and provide any additional information or documentation required, but be mindful of your rights. It may be beneficial to consult with an attorney before providing detailed statements or signing any documents.
5. Comply with medical treatment and rehabilitation efforts. To continue receiving benefits, you must comply with the prescribed medical treatment and any rehabilitation efforts. Failure to comply may result in the cessation of benefits.

You may want to consider consulting with a workers’ compensation attorney, especially if your claim is denied, you face issues with your employer or their insurance company, or your injury is catastrophic. An attorney can help navigate the complexities of workers’ compensation laws in North Carolina and ensure your rights are protected.

Looking for the best workers’ compensation attorney in Charlotte?

If you or a loved one suffered a crush injury that resulted in a serious complication or fatality, Wilder Pantazis Law Group can help you recover the compensation you deserve. Our skilled Charlotte work injury attorneys have more than 85 years of experience helping injured workers effectively navigate their claims. 

We can give you an accurate estimate of the value of your claim based on current and future medical needs and negotiate with the insurance company to ensure you get maximum compensation.

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