Legal Question in Workers Comp in North Carolina

Re: workman's compensation claim

Did you do what is called a "clincher?"

There are different types of settlements and you didn't say what type you had. Have you called the attorney that represented you? You should.

Re: workman's compensation claim

Unless you clinchered your case, you may be able to re-open your case to obtain additional medical treatment and/or indemnity benefits. Time deadlines apply!

If you clinchered your case, and waived your right to collect future medical and indemnity benefits, it will be difficult to re-open the claim without evidence of fraud, misrepresentation, duress, mutual mistake, etc., or proving the North Carolina Industrial Commission did not have in front of them all the medical records and other information required by law when passing approval on your settlement package.

Links to North Carolina Industrial Commission can be found at ncdisability.com. Good luck!

S. Neal Camak, Attorney

Law Offices of George W. Lennon

425 N. Boylan Ave,

Raleigh, NC 27603

(919) 856-9000

Re: workman's compensation claim

If your claim was settled for payment of the disability rating (GS 97-31) or wage loss (97-30), You MAY be able to file a written claim for change of condition per GS 97-47 and reopen the claim. If it was settled on a "clincher" waiving all future rights you will not be able to claim further benefits unless the requirements of GS 97-17 or 82 apply. Statutes of limitation are running so you must take action right away.

What the insurance company likely did not tell you is that Industrial Commission Form 18M can be used to obtain lifetime medical benefits. Of course these can be waived as part of a settlement. Good luck.