A fall from a ladder happens in seconds, but the injuries it causes can linger for a lifetime.
That was the reality for a man who fell approximately 18 feet at a jobsite. What began as an ordinary workday ended with an ambulance ride, ongoing neck and shoulder pain, work restrictions, injections, physical therapy, and eventually major cervical spine surgery.
While his injuries were bad, he was likely just to have lived through the ordeal. But when questions arose about the full extent of his injuries and what treatment should be covered, it felt like an insult on top of his injuries. Knowing what he was up against, he called Joye Law Firm Injury Lawyers. North Charleston workers’ compensation attorney and department head Matt Jackson, along with case manager Deana Nash, jumped into action. They worked to ensure all their client’s work-related injuries were recognized and that he had access to the medical care he needed.
Their efforts ultimately helped secure a $280,000 workers’ compensation settlement to help their client rebuild his life and put this horrific incident behind him.
An 18-Foot Fall Onto a Concrete Floor
While at the top of a wall-mounted ladder, the worker attempting to grasp a roof-hatch rail when his hand slipped. That’s when the nightmare started.
He fell backward, crashing through a ceiling grid, light fixture, and electrical conduit before crashing hard onto the concrete floor below. His right shoulder and the right side of his neck took the brunt of the impact, his left heel also hit the concrete.
By the time emergency responders arrived, he was conscious and experiencing extreme neck pain and multiple abrasions and lacerations on his arms, back, and leg. Given the height and severity of the fall, EMS transported him to a medical center under trauma protocol.
Despite the violent impact, CT imaging at the emergency department did not reveal an acute fracture or any internal injuries. While he miraculously escaped the worst case scenario, he still faced a long road to recovery.
Pain Continues Long After the Initial Accident
In the weeks and months that followed, our client continued experiencing problems involving his neck, right shoulder, and lower back. His shoulder pain became particularly troublesome with lifting and reaching. It was accompanied by catching and grinding sensations.
His doctors continued conservative treatment and diagnosed a pinched nerve in his neck, known as cervical radiculopathy, along with ongoing shoulder and lower back pain. He tried to get better without surgery; however, physical therapy and steroid injections did not provide adequate relief.
Meanwhile, his injuries affected his ability to perform his job normally. Restrictions prevented him from lifting more than 20 pounds overhead, performing repetitive overhead work, or climbing ladders. Even as his shoulder reached maximum medical improvement (MMI), questions remained about his neck and whether surgery would be necessary.
For a man accustomed to being physically capable and independent on the job, he was left with uncertainty about his ability to recover and what his future would look like.
Joye Law Firm Fights to Have the Full Extent of His Injuries Recognized
Initially, his employer’s workers’ compensation insurance only accepted injuries to the man’s neck and lower back, but not his right shoulder, even though that was one of the primary areas that struck the ground.
Attorney Matt Jackson saw this as an injustice and got to work proving that the shoulder should also be a compensable body part.
Atty. Jackson obtained an independent medical examination (IME) of his client’s right shoulder, developing medical evidence that connected the condition to the accident. The evaluation identified an aggravation of underlying arthritis and the possibility that surgery could eventually be necessary.
At the same time, the worker’s neck symptoms remained unresolved. After conservative treatment failed, his orthopedist recommended an anterior cervical discectomy and fusion (ACDF) at C5-6 and C6-7 with plate fixation.
Attorney Jackson secured authorization for the surgery and developed medical evidence supporting the extent of the worker’s injuries, including a “double crush” injury theory. This theory showed that nerve compression in more than one location could be contributing to the worker’s ongoing symptoms.
Following treatment, a physician assigned the worker a 24% permanent impairment rating to the spine.
Throughout the case, Attorney Jackson and Case Manager Deana Nash helped coordinate the legal and medical aspects of the claim while the client focused on his recovery.
Major Neck Surgery Brings Improvement to Client’s Condition
Our client ultimately underwent the recommended Anterior Cervical Discectomy and Fusion surgery (ACDF), fusing the C5 through C7 levels of his cervical spine.
Four weeks after surgery, his pinched nerve symptoms had improved. His physician increased his lifting limit and permitted him to resume climbing ladders, although he was advised to keep ladder use to a minimum.
The improvement was significant, but it came only after a long treatment process that included physical therapy, injections, medical evaluations, work restrictions, and major surgery.
His case also demonstrated why the earliest assessment of a workplace injury does not always tell the complete story. His initial emergency imaging showed no acute fractures, yet the symptoms that followed ultimately required cervical fusion surgery and resulted in permanent impairment.
$280,000 Settlement Helps Worker Move Forward
Attorney Jackson compiled medical evidence involving both the cervical spine and right shoulder to demonstrate the lasting consequences of the fall and strengthen his client’s position during settlement negotiations.
The case ultimately resolved through a $280,000 clincher settlement.
For Matt Jackson and Deana Nash, the settlement represented more than the conclusion of a workers’ compensation claim. Their client had endured a frightening fall, persistent pain, limitations at work, unsuccessful conservative treatment, and major surgery before finally reaching a point where he could begin moving forward.
By expanding the accepted injuries, securing authorization for necessary surgery, developing medical evidence of permanent impairment, and negotiating a substantial settlement, the Joye Law Firm Injury Lawyers team helped ensure that the full impact of his workplace accident was not overlooked.
