Legal Question in Workers Comp in North Carolina

I injured my knee helping a patient sit up after an ekg. Limping from that injury has now aggravated a 10 year old lower back injury and an ongoing arthritis problem in the other knee, as well as caused brand new pains in both hips. A few days after the injury I started having new neck and shoulder pain and headaches. The workers Comp case worker says since I didn't report these things when I reported the knee injury, I can't claim them. So I went to a neuro specialist on my regular insurance, and when my human resources person heard about it she said she would have to report it to Workers Comp. I was scolded for not going through the proper channels. I just wanted to find out what was going on and stop the pain. Now the Neurologist hasn't made the appointments they said they would make for an MRI and pain management for me, and I think it's because of workers comp involvement. Also, do I have to be off 7 full days all at once before being compensated for time off or are all the hours I have to take off work for Dr appointments and Physical Therapy counted as well?


Asked on 10/05/09, 6:48 pm

1 Answer from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

1. Your knee injury needs to be associated with an accident to be compensable. Any slip, trip or fall?

2. Your wc doctor or personal doctor can make a causal connection for other affected body parts. You need to flush these issues out with them first. Could be the later onset is not a problem under the law.

3. Need to be out 7 DAYS b/f you are eligible for TTD benefits.

4. Should call NC Industrial Commission and experienced atty to discuss in more detail. NCIC # is 919807-2500.

Neal Camak

Raleigh, NC

Ncworkcomp.com

Read more
Answered on 10/13/09, 11:08 am


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