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★ District of Columbia · back & spine

Back & spine settlements
in District of Columbia.

By Reviewed by Abd Shanti, Founder9 min read

A Pepco cable splicer who hurt his right leg and lower back on a service call waited six months to see a doctor and was diagnosed with a herniated disc; the employer could deduct its short term disability pay from comp. A construction worker who fell 25 feet from a ladder in 1999 won back his case for continued pain medication. In court, a woman who fell on a ramp gap lost to contributory negligence.

Facts that decide a back & spine claim in District of Columbia

Disability pay offsetsEmployer funded short term disability payments were advance payments of compensation that could be deducted from later comp.Felder v. DOES (D.C. 2014)
Your own testimony countsA denial of continued medication was reversed because the judge did not adequately consider the worker’s testimony.Holland v. DOES (D.C. 2018)
Deadline to sueThree years for actions “for which a limitation is not otherwise specially prescribed,” which covers personal injury.D.C. Code § 12-301(a)(8)
★ DC · reported back & spine outcomes

What District of Columbia courts have awarded.

Real District of Columbia decisions and verdicts, each linked to the court record or official report.

  • D.C. Court of Appeals · 2014
    Offset of disability pay affirmed

    In December 2009 Mark Felder, a Pepco cable splicer mechanic, injured his right leg and lower back on a service call. He did not see a doctor for six months, then was diagnosed with a herniated disc. For about six months he received both Pepco’s short term disability and comp. The court held Pepco could deduct the disability pay from future comp.

  • D.C. Court of Appeals · 2018
    Denial of medication reversed

    On September 8, 1999, Adonis Holland fell 25 feet from a ladder while working for Oncore Construction, injuring his back and legs. An orthopedic doctor treated him for lumbar strain, radiculitis and lumbar disc syndrome through 2011. Years later a judge found continued oxycodone not reasonable and necessary. The court reversed because his testimony was not adequately weighed.

★ DC · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in District of Columbia.

  1. 1

    See a doctor promptly; Felder’s six month gap invited questions.

  2. 2

    Tell the judge how each medication affects your daily function.

  3. 3

    Track every payment from your employer, since some can be offset.

★ DC · statute of limitations
3 years from date of injury

D.C. Code § 12-301

★ DC · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars recovery, with a narrow exception for cyclists and pedestrians under D.C. Code § 50-2204.52.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How District of Columbia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
District of Columbia · you are herePure contributory negligence3 years from date of injury—
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
MarylandPure contributory negligence3 years from date of injuryMD · back & spine →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · back & spine →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · back & spine →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
North CarolinaPure contributory negligence3 years from date of injuryNC · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
AlabamaPure contributory negligence2 years from date of injuryAL · back & spine →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · back & spine →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · back & spine →
★ DC · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in District of Columbia. See /methodology, /sources, and /disclaimer.