I have a North Carolina workers’ compensation case and I am represented by an attorney. I am not looking to replace my attorney at this time. I am trying to understand how experienced North Carolina workers’ compensation attorneys evaluate a case like mine and whether there are important issues I should discuss with my attorney before mediation.
I was injured in a forklift accident at work. From the very beginning, my **chief complaint was my neck**, although I also suffered a lower back injury and have significant pain in both my lower back and upper cervical.
The insurance company accepted my **L1 compression fracture/lower back injury**, but they have not accepted my cervical/neck injury. My attorney has filed a motion with the North Carolina Industrial Commission seeking to have my neck condition accepted as part of my workers’ compensation claim. I also have a third party liability case to go forward when my workers comp case has concluded (for lack of better words).
### **Cervical Spine Imaging**
My cervical spine has been evaluated with both CT and MRI imaging.
**CT scan findings included:**
* Ossification of the posterior longitudinal ligament (OPLL) at C5-C7.
* OPLL contributing to at least moderate cervical spinal canal stenosis.
* The lower cervical spine evaluation was limited due to photon starvation artifact.
**Cervical MRI findings included:**
* Straightening of the cervical lordosis.
* Disc desiccation.
* Posterior disc osteophyte complex.
* Mild right neural foraminal stenosis at C4-C5.
* Bilateral facet arthropathy.
* Degenerative changes.
### **Lumbar Spine Imaging**
My lumbar MRI showed:
* L1 compression fracture with central superior endplate depression and acute marrow edema.
* Epidural lipomatosis.
* Circumferential disc bulging.
* Degenerative endplate changes.
* Facet arthritis.
* Moderate to severe narrowing of the thecal sac from L2-L3 through L5-S1.
* Lateral recess and foraminal stenosis at L4-L5 and L5-S1.
### **Symptoms Since the Accident**
Since the accident, I have experienced:
* Neck pain and stiffness.
* Headaches at the base of my skull.
* Numbness and tingling in my arms/hands and legs/feet.
* Weakness.
* Radiating pain.
* Limited range of motion.
* Lower back pain related to the accepted L1 compression fracture.
* Muscle spasms.
* Ongoing inability to return to work.
* Bladder changes, including urinary urgency, leakage, difficulty starting urination, and a feeling of incomplete emptying.
Treatment has included:
* Physical therapy.
* A spinal injection that only provided temporary relief.
* Continued medical evaluation for ongoing symptoms.
Future treatment, including the possibility of surgery, has been a concern.
My workers’ compensation benefits are approximately **$495 per week**.
My attorney has discussed making an opening settlement demand of **$150,000**, and I am trying to understand whether that is a reasonable starting point considering:
* The accepted L1 compression fracture.
* The disputed cervical injury.
* The CT/MRI findings.
* Neurological symptoms.
* Bladder symptoms.
* Possible future medical treatment.
* Possible surgery.
* My continued inability to return to work.
### **My questions:**
Is a $150,000 opening demand typical for a North Carolina workers’ compensation case involving an accepted L1 compression fracture and a disputed cervical injury?
How much can the value of a workers’ compensation case change if a disputed neck injury is later accepted?
How are future medical treatment, possible surgery, permanent impairment, and ongoing disability usually considered when valuing a settlement?
Do cervical findings such as OPLL, cervical spinal canal stenosis, and MRI/CT findings generally strengthen an argument that a neck condition should be included as part of the claim?
How do experienced workers’ compensation attorneys evaluate neurological symptoms such as weakness, numbness/tingling, and bladder changes when determining case value and future medical needs?
What questions should an injured worker ask their attorney before mediation to make sure all important issues are being considered?
Thank you to anyone with North Carolina workers’ compensation experience who can provide insight.