At Joye Law Firm, we know that the hardworking people who stock our shelves, fill our delivery trucks, and keep the supply chain running often face some of the most physically demanding jobs out there. When those workers get hurt on the job, they deserve more than just a pat on the back; they deserve protection, care, and fair compensation. That’s exactly what Workers’ Compensation Attorney Ryan LeBlanc and Case Manager Sam Craven fought for on behalf of our client Matthew*, a beverage delivery worker whose life was turned upside down by a spinal injury that left him in constant pain and fearing for his future.
Workplace Injury Leads to Spinal Damage
What started as a routine delivery shift quickly turned into a life-changing event. While unloading his truck and stacking heavy pallets of beer, Matthew suffered a sudden and serious lumbar disc herniation at the L4-L5 level. The pain was immediate and unrelenting. Despite undergoing multiple epidural steroid injections, the treatments provided only minimal relief. Doctors eventually recommended more aggressive treatment, including a discectomy, interbody fusion, and additional spinal procedures to relieve his pain and restore some of his previous mobility. However, due to unrelated medical issues, Matthew had to postpone surgery, delaying the road to recovery and adding more uncertainty to an already difficult situation.
Initial Insurance Offer Falls Far Short
Although Matthew’s injury left him unable to continue working in his physically demanding job, his employer’s insurance company initially offered just $68,500. This paltry offer did not come close to covering the cost of his future medical needs, much less the wages he would lose if he were forced into lower-paying work due to his physical limitations.
Attorney Ryan LeBlanc Argues for Total and Permanent Disability Benefits
Joye Law Firm Attorney Ryan LeBlanc knew Matthew deserved better. He focused on how the injury had permanently altered Matthew’s career trajectory and quality of life. Under South Carolina workers’ compensation law, a person may qualify for Total and Permanent Disability (sometimes referred to as Permanent Total Disability) if their injury leaves them unable to return to any kind of gainful employment, not just their old job. Total and Permanent Disability benefits are based on factors like the severity of the injury, the worker’s age, education, and experience. LeBlanc argued that if Matthew were able to return to work at all, it would likely be in a position with significantly reduced earning potential.
The Role of Medicare Set-Asides in Workers’ Compensation Settlements
In workers’ compensation cases, especially those involving long-term injuries, assuming Medicare will automatically cover future medical needs can be risky. LeBlanc recognized that Matthew’s future medical needs were too important to leave to chance. Medicare, the federal insurance program for seniors and disabled Americans, rarely covers work-related treatments. That’s why LeBlanc emphasized the importance of the Medicare Set-Aside (MSA) fund, which would ensure Matthew could finally undergo the surgery he needed once his unrelated medical conditions were stabilized. Establishing an MSA involves a thorough assessment of anticipated medical needs, conducted by a life-care planner. The proposed MSA is then submitted to the Centers for Medicare & Medicaid Services (CMS) for approval. Once approved, the funds are placed in a dedicated account, used exclusively for injury-related medical expenses that would otherwise be covered by Medicare. Only after these funds are exhausted will Medicare begin to pay for related treatments.
Through skillful negotiation and careful documentation, LeBlanc was able to secure a significantly higher total settlement of $295,000, comprised of a $205,000 Total & Permanent Disability settlement and a $90,000 Medicare Set-Aside.
Justice and Stability for a Worker in Pain
Today, Matthew is finally on a path toward recovery. While he may never return to the work he once knew, he now has the financial resources and security to get the medical care he needs. He can now focus on living a life that is not defined by pain or uncertainty.
At Joye Law Firm, we take our role as advocates seriously. We don’t accept “just enough” for our clients. We know injured workers need someone in their corner who will fight for their rights and ensure their voices are heard.
If you’ve been injured on the job, don’t let an insurance company decide what your future is worth. Call Joye Law Firm today at (888) 324-3100 or contact us online to schedule your free consultation.
With our No Fee Guarantee, you don’t pay us unless we recover compensation for you. Let us fight for the justice and support you deserve.
*Client’s name has been changed to protect his identity.
Disclaimer: Past results don’t guarantee future outcomes.
